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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 16077
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Selling my property which has a restriction on it need to

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Selling my property which has a restriction on it need to understand what this means is it possible to ask the question xx
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No steps taken as yet need to understand restriction before proceeding xx
JA: Where is the property located?
Customer: Warrington Cheshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No nothing
Customer: replied 13 days ago.
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 authorized by an order of the court
Customer: replied 13 days ago.
Where is my answer please
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!

Hi,

Thank you for your query, I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

What would you like to know about this?

How many owners are named on the Title Register?

Customer: replied 13 days ago.
Just myself as proprietor. Think this is to do with my late husband leaving 50% of his half of property to myself and the other 50% between my 3 children

Hi,

Thank you for the additional information.

This is correct.  The Restriction relates to your late husband's share of the property.  In order to overreach this, one of the Executors or a Solicitor acting for them can be appointed as the trustee at the time of a sale or re-finance.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

many thanks,

INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 16077
Experience: LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC Law and other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you that is what I thought it was a the wording of the restriction which puzzles me
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. Does this mean I have to go to court even though my children agree to sale of property. Sorry to be a bother xx

No.  You can appoint a trustee to deal with the sale.  The solicitor acting on the transaction should be able to deal with this.

I hope this helps.

Customer: replied 13 days ago.
Great thank you xx

Its a pleasure.

Good luck!