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Category: Law
Satisfied Customers: 35
Experience:  Moderator
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Why would there be this section A restriction on the land

Customer Question

Why would there be this section A restriction on the land registry “RESTRICTION: No disposition by a sole proprietor or the registered estate (except a trust corporation) under which capital money arises is to be
registered unless authorized by an order of the court’.” the house was bought in 1991 but the date of this was put on in 2004. I checked deeds and it says they’re beneficial joint tennabts. Wonder what other reasons it could be? (Its a ex council, my nan bought it in 1991 and gifted half to my dad so he was on the mortgage to, also in 1991)
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.

Hi, whose names are ***** ***** Deeds? your Dad and Nan? Kind Regards Al

Customer: replied 9 months ago.
Customer: replied 9 months ago.
On the original deeds from 1991 anyway. Haven’t seen any others and my nan (currently in her 80s) can’t remember changing anything in 2004.
Expert:  Aston Lawyer replied 9 months ago.

Hi, apologies for the delay. Well, the Restriction means that your Dad and Nan hold the property as Tenants in common, meaning that they can leave their respective 50% of the property to whoever they nominate in their Will. This is of course different to them holding the property as Joint tenants which you say is how they were holding the property originally.

I do not of course know if both your Dad and Nan agreed to do this or whether this is something your Dad decided to do (if he did, he should have served Notice on your Nan that he was going to do it).

I hope this explains the legal position to you and that this assists.

Please let me know if you require any further clarification. If not, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Kind Regards Al

Customer: replied 9 months ago.
The land registry sent me this:
(Reasons there could be a restriction A)“Land Registry may have been given wrong or inadequate information when you were registered as owner, meaning that a Form A restriction may have been wrongly entered or omitted (Land Registry must enter a Form A restriction unless it has been satisfied that that the owners are beneficial joint tenants)
a restriction may not yet have been cancelled despite you acquiring all the shares in a tenancy in common or following a failed claim to a share in the property
events such as the bankruptcy of an owner who owns the property as a beneficial joint tenant, or a charging order in favour of a creditor of a beneficial joint tenant, may have changed your kind of ownership without you realising it. In such cases the law splits the property automatically into the same number of shares as there were beneficial joint tenants. If there were two joint tenants, they would each have a half share as tenants in common.”Neither of them were ever bankrupt, I don’t understand the second one, but maybe there was a mistake in original deeds? Although I don’t see what it could be.My dad passed without a will, I’m his only child, he wasn’t married, I’m wondering whether to fork out for letters of administration or not, plus my nan wants to know where she stands before writing her will.
Expert:  Nicola-mod replied 9 months ago.
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