Hi I iwill try and help
can you tell me the reason why you wish to ave these entries removed?
I will be nipping off line shortly. If you post a reply will pick this up later one and reply to you
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.
I am out for the evening now will look at your response on my return.
HI thanks for the reply
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?
if the latter, can you describe which transfer they are referring to that all "previous registered proprietors" have joined in?
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).
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
Ah I see, it is becoming clear now
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.
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.
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.
Will this be an easy thing to do? How is your relationship with your ex-husband?
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.
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.
No problem, you would both have to fill out form RX3
which you should be able to get from this link
and state that he no longer has a legal or equitable interest in the property
Hope this help
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
Many thanks for your help