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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2451
Experience:  Over 5 years in practice.
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My property has a restriction on the title deeds. The Solicitor

Customer Question

My property has a restriction on the title deeds. The Solicitor at the time of purchase advised that it was only to ensure that if the property was sold at any time in a 20 year time period for residential development the restricting party would be entitle to a % of the sale as this property could then be very valuable
It has been over 10 years since the purchase of the land and a planning application for a mobile home has (for the 3rd time) been refused with enforcement notice now issued and pending. There appears to be no other option left but to sell the land so the RX form to request cancellation was sent to the Land Registry (I was unable to contact the restricting party as they were now living abroad) this triggered a reply form their Solicitors (who when I first contact them could not find the party’s details!) they contacted the Restricting party who advised not to lift the Restriction.
The property needs to be sold as a matter of some urgency but potential buyers will not enter into an agreement until the restriction is lifted and it is only being sold as agricultural not for development. I have a potential buyer at present but again they will not move forward without the restriction being lift.
It appears as if the only people who can get this lifted are the Banks if the property was under bankruptcy? is that about right or do I have another option ??
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

yes that will be ok

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I am happy to wait however I paid £38 to ask the question and I do not want to do the free trial period ! therefore hope that the emails I'm receiving are in relation t to the original question and that I will not be charged any more money?

The £38 was a one off payment for asking the question if I do not get answer within a 7 day period I will cancel the payment

Thank you

Expert:  Nicola-mod replied 2 years ago.
Hello,
You have only paid the £38 question deposit and your account is on a pay-per-question basis with no monthly membership.
If at any point you would like a refund, please reply to this thread to confirm and we will process it for you.
We will continue to look for a Professional to assist you,
Nicola
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Hello - may I assist you with the above?

Are you able to let me have a note of the exact wording of the overage restriction as it appears on your title - I do not need the name and address of the person with benefit though.