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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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I have the official copy of register of title from the land

Resolved Question:

I have the official copy of register of title from the land registry stating I am the proprietor of my house (having removed my ex husbands name,as agreed, for my decree absolute). However I have noticed it states in section A :property register - the land has benefit of the rights granted by Deed of Grant in 1933 made between 2 named people and there is a reference CH16811. It also states in section C: Charges register - the land is subject to such restrictive covenants as may have been imposed before 1933 and are still subsisting and capable of being enforced. What does this mean and how can I get this removed as the land registry say they cant help me as I may need legal guidance.
Submitted: 2 years ago.
Category: Property Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

Hi I iwill try and help

Matt Jones :

can you tell me the reason why you wish to ave these entries removed?

Matt Jones :

I will be nipping off line shortly. If you post a reply will pick this up later one and reply to you

Customer:

I felt the way the land registry letter was worded saying to me ''even though all the previous registered proprietors of the land have joined in the transfer we need evidence regarding the equitable title before we can remove the restriction from the register. The presence of the restriction on the register indicates that this is trust property and it is not clear that the trust of the land has come to an end'. Therefore I thought that this could possibly be a problem if I want to sell the house in the future.

Customer:

I am out for the evening now will look at your response on my return.

Matt Jones :

HI thanks for the reply

Matt Jones :

I am not sure I quite understand the reply back from the land registry and the entries in the title. Are the words in quotation marks your interpretation of what the land registry have said, or taken directly form the letter?

Matt Jones :

if the latter, can you describe which transfer they are referring to that all "previous registered proprietors" have joined in?

Customer:

The quotes are taken from the Official copy of the register of title which I received with the completion of registration form. The sections referred to by me were Section A:Property register and Section C Charges register.(This register contains any charges and other matters that affect the land).

Customer:

Just found another letter from the land registry it states the following; A restriction on dispositions by a sole proprietors is registered at entry 3 in the proprietorship register. The restriction has been left on the register because I have not supplied any evidence of the equitable title to show the transferee is the absolute owner. Even though all the previous registered proprietors of the land have joined in the transfer, we need evidence regarding the equitable title before we can remove the restriction from the register. The presence of the restriction on the register indicates that this is trust property and it is not clear that the trust of the land has come to an end. Regards

Matt Jones :

Ah I see, it is becoming clear now

Matt Jones :

It appears there are a few issues here. The entry in Section A refers to the grant of various rights to another person(s) in 1933. this could be a right of way, right or drain, or whatever. This will remain indefinitely unless you apply by deed signed by the beneficiary of the rights. To be honest this is not really a concern for you. Either the rights of way are being used regularly (i.e. the right of way is exercised, the drains are used, etc) or they are not. This is unlikely to impact adversely on the sale of your property.

Matt Jones :

The entry in section C indicated there are unknown covenant that we established before 1933 but no evidence of them was ever provided to the land registry.The worse case scenario here is that you have to purchase insurance when you sell which is an inexpensive and quick solution.

Matt Jones :

The more concerning thing, I think, relates to the entry in Part B, the Proprietorship restriction. When you were married you must have held the property as "Tenant in Common". This means that the land registry placed the restriction at "Entry 3" When you transferred your Ex-husband off the title although evidence of the "Legal" title being transferred to you was given to the land registry, the transfer of the "equitable" title (i.e. the money in the property) was not transferred properly and so the land registry haven't removed the restriction. What you need to do is have your ex-husband sign a document that agrees to the removal of the restriction.

Matt Jones :

Will this be an easy thing to do? How is your relationship with your ex-husband?

Matt Jones :

if you wish I can offer a service for an additional fee where we have a chat over the phone and you can pick my brains further. I will send you a separate advice about this in case it is of interest.

Customer:

Thank you for your help so far. How should my ex word the removal of his name from the house or is there a standard form that needs to be completed.

Matt Jones :

No problem, you would both have to fill out form RX3

Matt Jones :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352956/RX3.pdf

Matt Jones :

which you should be able to get from this link

Matt Jones :

and state that he no longer has a legal or equitable interest in the property

Matt Jones :

Hope this help

Matt Jones :

If you are happy kindly leave me positive feedback. The question wont close and you can always ask any follow up questions you see fit on this topic

Customer:

Many thanks for your help

Customer:

~Regards

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