How to register a land register restriction

[Amberhun]

I appear to be battling from all.corners. can some one advise please. How do you apply to the land register to place a restriction on a property to stop it being sold while a court case is pendimg. When your name was mot on the deeds or mortgage but paid the.bills and did some improvements. Judge imformed my partnernto register a resteiction however its confusong amd he is disabled so can not offered legal help

[des8]

I have just replied to your PM
Noted that you are going through the mill at the moment without much support, but as family matters aren't my scene I'm tagging Amethyst and hopefully she'll be able to review your recent threads and alert the best beagles to help you

[Peridot]

Hi Amberhun,

Try not to panic it is quite straightforward but need a little more information. Is the person who needs the restriction placing against the property married to the legal owner? Who has the judge told to apply for the restriction and is there a Court Order indicating a restriction should be entered?

I suspect the Judge recommended applying for the restriction to protect a beneficial interest, so to prevent a property being sold or transferred without the persons knowledge and to protect the beneficiaries interest.

The gov't info on protecting beneficial interests is her but is a bit wordy:-
https://www.gov.uk/government/public...arty-interests

If you can provide a little more information about the situation we may be able to point you in the right direction.

[Amberhun]

The judge
told the claiment who was only living with the defendant not married cohabiting to register a restriction while the court case is continuing. The defendant put there house on the market after disclosure. However i know the defendant will not agree to a restriction. There is no ccj or court order as the case has only been to case management conferences for direcrions from the judge. However neither did the defendant or his solicotor attend court. So the judge told the claiment to obtain a restriction through.
land register. (Which by the way were totally unhelpful when they were asked which forms were required). I read practise 19 but totally got confused. The claiment has a claim for monies owed and personal property. No court order has been made by the judge. The judges directions will be with the claiment in 10 days. However i do believe that this was advise only from the judge and will not be in any directions from thr court.
not married. Not on thr deeds. Not on the morgage.

[Amberhun]

Dear peridot
is there a restriction i can place on the property wothout his concent being i am only a 3rd party but being in court with him?

[Peridot]

Sorry for the delay responding Amberhun.
So what is it your partner is actually claiming? You mentioned in the first post that bills were paid and they had completed some improvements. Is this what the claim is about, or is it to do with other sums owed? Was there ever any discussion around your partner getting some sort of rights or a share of the property with the ex? Is this what the claim is about?
If the claim is about possible property rights then it would be necessary for an application to be made but depending on the actual issue in dispute will have an effect on whether this is a unilateral notice or a restriction being placed on the property title. It would have to be your partner that does this.

I can only suggest your partner speaks to a lawyer this may be a family specialist or a property lawyer depending on what the issue that is before the Court relates to. Your partner may be able to get a free half hour or reduced fee appointment to at least advice them what sort of restriction or notice they require.

Sorry I can't just give an answer, you will appreciate that there are many different types of restriction and notice that can be applied and without knowing the facts it is difficult to direct you. It may be that a unilateral notice could be applied but then a copy of the claim form and statement of case would also have to be sent with the application, if this claim is about property rights for example.