TOLATA

[Jinxer]

About 15 years ago an ex partner who split up with me managed to get a Solicitor to place a Form A Restriction on my property. After refusing to make an offer to her, I never heard from her nor her Solicitors again. As I say this was 15 years ago but I still have this restriction registered on my property, which I would like to have removed. This is how it reads
“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.”
Would anyone have any idea on how to have this removed. I have never seen my ex since splitting up and have no idea where she is now. The act that was mentioned in the letters I had was Trusts of Land and Appointment of Trustees Act 1996
The property is registered in my sole name and we were never married but did have children.
I have filled in a RX3 form twice trying to get this removed but keep getting asked for other things that go completely over my head and I give up. I need an easy way to get this removed if there is such a thing.

[des8]

You only have to supply evidence that the restriction is no longer required to make a valid application. The evidence could be merely a statement that the beneficiary of the restriction has no claim over your property.

At the time of placing the restriction did she have any reason to register it.
If not, and you can trace her, you might have to initiate a court action for breach of statutory duty to have it lifted.

land registry Act 2002 77Duty to act reasonably

(1)A person must not exercise any of the following rights without reasonable cause—

(a)the right to lodge a caution under section 15,

(b)the right to apply for the entry of a notice or restriction, and

(c)the right to object to an application to the registrar.

(2)The duty under this section is owed to any person who suffers damage in consequence of its breach.


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