Restriction on sale

[dthomas]

Hi, I'm desperately hoping someone will be able to help me. We Purchased our home approximately 9 years ago and are currently in the process of selling the property to move to a new one. Our conveyancer has come back to us to say we can not proceed as there is a restriction under the title absolute which requires the consent of a named individual. This named individual was part of the family that we purchased the property from. We believe that this restriction should have been removed when we purchased the property, but evidently it wasn't. We have tried to trace this individual, but without any success. Is there nothing I can do as it seems to me that we are being told that we can now never sell our property! Obviously as we are in the middle of trying to move this is quite time sensitive.
I have tried contacting the solicitors who handled our purchase 9 years ago, but they are not being very helpful
I would appreciate any help as our chain is about to collapse (and I would like to get some sleep again!) Thanks

[des8]

Check with your solicitor but I believe you will have to send Land Registry form RX3 together with a statement outlining the circumstances that lead you to request removal of the restriction. Statement of truth needed

[dthomas]

Thanks, I have sent a form rx3 but didn't realise that it needed a statement of truth? Though the guy I spoke to at the land registry said he didn't think it would get removed! So upsetting I have a virtually unsellable property and are now going to miss out on our dream home all because someone we don't know or have never met has control of our property!

[des8]

Hasn't your solicitor any ideas?
Perhaps an indemnity insurance could be purchased (altho' that might not be possible for an absolute restriction)

As you seemed to have suffered because of the professional negligence of your previous solicitors, the hint of a claim against them might make them sit up and take notice. That might not be quick enough to save your current sale/purchase but could be useful later on)
Ask your solicitor about the possibilities

[Ukmicky]

Your previous Conveyancing solicitor has seriously screwed up and they need to fix this , which they will once they find out about it.