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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I bought a house 1 and a half year ago. I had to get a

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I bought a house 1 and a half year ago. I had to get a mortgage with my brother. Now my brother is moving to a different county and I was wondering what is the process for removing his name from the land registry for the house I purchased? Would I need to be permission from the lender which is a back?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your enquiry.
The majority of Banks put a Restriction on the Deeds, meaning that the owners are unable to transfer the property to one of them or indeed a third party, without the consent of the Bank.
You therefore need to apply to the Land Registry for a copy of your Deeds (called "Official Copies") to see if there is such a Restriction. If there is a Restriction it will be contained in the Proprietorship Register and will say "Restriction- no disposition by a registered owner is to be registered without the consent of X Bank" or words to that effect.
If you do not hold a copy of your Deeds, you can apply online to the Land Registry and obtain a copy, for a modest fee. Here is the link-
https://www.gov.uk/search-property-information-land-registry
If there is no Restriction, you would be free to get the title transferred into your sole name- by instucting a local Soliciotr to prepare the necessary Land Registry Transfer documnet, and getting it registered at the Land Registry.
I hope this assists and answers your question.
Kind Regards
Al
Customer: replied 1 year ago.
hiya thanks for your reply. I have got the document and it states the following:
B: Proprietorship registerTitle good leasehold.
1 This got my name and my brother name in this section.
2 The price we paid for the property
3 RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
4 RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 26 September 2014 in favour of Barclays PLC referred to in the Charges Registered.Want does the above mean. Please explain this to me?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
The first Restriction means that you and your brother hold the property as tenants in common (ie you both own a separate share each in the property, which share you can leave to your nominated beneficiary in your Will).
The second Restriction is indeed the Restriction I referred to in my original post- ie to do the Transfer, you will need Barclays' consent.
I hope this clarifies matters for you.
Kind Regards
Al
Customer: replied 1 year ago.
How would I get in touch with the bank? Would I need to go to a solicitor or can I do it by myself? What would I say to the bank?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
You can apply yourself to the Bank- you need to ask them for a "Transfer of Equity" application form. Fill this in, send it off, and if they are happy, you will then need to get a Solicitor to deal with the Land Registry Transfer and liaising with Barclays.
Good luck!
Kind Regards
Al
Customer: replied 1 year ago.
If I can get a transfer of equity from my bank, and I fill it in and they accept it. If I decide to not to go through with it this can I cancel. How long does the process takes?
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Sorry for the delay.
It would normally take the Bank a couple of weeks to proceess the application. Only once your Solicitor has got the Transfer signed by you and your brother will it be legally binding, so you can decide to withdraw at any time before that (it would normally take your Solicitor approx 4 weeks to deal with the Transfer).
I hope this helps.
If so, I would be grateful if you could rate my answer.
Kind Regards
Al
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