Ask an Property Solicitor. Get an Answer ASAP.
Presumably you are Dawn Groom.
They wrote to you after it completed and the restriction says that no disposition (sale) is to be registered unless you have been given notice. They have given you notice because they now want to register the sale. That is all the restriction does.
It doesn’t stop them selling the property.
What did you think it did and what you want to know about this?
I’m afraid that an equitable charge doesn’t work like that. Only a legal charge works like.
You cannot have a legal charge when a property is jointly owned because it’s not possible to split the legal title.
The only way of protecting an equitable charge (a charge against one person’s interest in the jointly owned property) is by way of a restriction that gives you notice that the property has been sold. The idea is that you know the property has been sold and then you pursue the debtor.
I appreciate that it’s not the result you wanted but I’m afraid that’s what happens with the quotable charges.
What you might want to do is serve a Statutory Demand (assuming the amount of the debt is over £5000) with a view to making the debtor personally bankrupt. That usually focuses the debtor’s mind.
The restriction does exactly what it says. You have had notice of the sale.
There is no other way of securing an equitable charge. It is done by restriction. If the property wasn’t jointly owned, then the situation will be completely different. I don’t make the rules or the law, I just relay it.
I will opt out for another expert