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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have received a B62 notice of an application to register a restriction against the la

Customer Question

Hi I have received a B62 notice of an application to register a restriction against the land sent via the land registry citing that my ex partner is trying to make a "restriction No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises to be registered unless authorised by an order of the court."
We are not married nor do we have any partnership in law.
No money was paid directly to purchase the property by my ex partner. The Property and mortgage are all in my name.
No payments have ever been made by my ex partner to pay for the mortgage on the property.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does the applictaion give any factual basis for the claim?
Clare
Customer: replied 1 year ago.

Form states "The application has a beneficial interest by virtue of a resulting trust that she contributed money to the purchase and improvement of the property and it was the parties common intention to hold the beneficial interest in the property in proportion to their contributions and/by virtue of a constructive trust as she acted significantly to her detriment on the basis that there was a common intention that she had a beneficial interest. The applicant contributed over £125,000 between 2005 and 2013 towards the purchase and improvement of the property"

My objection is grounded in the facts that we are not married nor do we share any legal partnership.

The house is registered in my full name.

No payments to the mortgage (again in my sole name) were made by her.

No payments to extend the property in 2009 (£270,000) were paid by her.

She claims she paid £120,000 into the property. I accept that she paid a sum of £120,000 across to me in 2005, however this money was not directly paid into the property but into the relationship. I over this period contributed three times this sum into the relationship.

No proof exists of her making a payment directly to pay for the property or a proportion of the property.

AJ Halliwell has to prove that she has the legal interest claimed in the notice.

Best, Ed

Expert:  Clare replied 1 year ago.
Hi
So how and wily was that lump sum paid to you?
Claire

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