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Hi, I'm new and I have a problem regarding property ownership, basically I have a deed of covenant confirming mine and another's 'ownership' of a section of land, all signed and sealed by a solicitor, the rest of the property on death passes into the estate but the said section will be retained by myself and another party (and so that part won't be put into the estate to be shared out as per the owners will). The problem being the owner has 'sold' all of the property including the designated section and the other party that would have received the section with myself now has everything in their name and I have nothing. Can this be sold complete with the deed of covenant on it? Or should that particular section have been excluded in the sale? If it's sold should I have signed a release form, which I didnt, or have I just paid a lot of money to the solicitors to end up with nothing?
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What was the situation with the deed being registered at the land registry ? If a restriction then you should have been notified of the sale and then been able to raise an objection.
'ownership' and 'sold' can you just clarify - has the property been sold, or gifted etc ? to a random person or to that other person that shared the ownership of the land with you? and how did you come into ownership of a specific part of the property ( is this part of land attached to the property etc ?) How is it now in just their name, has the deed been amended ?#staysafestayhome
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Thanks for the reply, I dont know if it was registered at the land registry, that's something I will check if I am now able to. The land was gifted I suppose (we didnt pay anything) to myself and another as personally I had worked for the person that owned it for some 30 years without pay, and the mortgage on the property was in the joint names of the owner and the other person. When they needed to remortgage the owner being old was not able to remortgage and so it was remortgaged solely in the other persons name.Originally posted by march07 View PostComment
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Just read on the deed- there was a application being made to apply to the land registry to register a restriction on the proprietorship register of the title, saying 'no disposition of the registered estate (other than a charge) by the proprietor of the registered estate(or by the proprietor of any registered charge) is to be registered without a certificate signed by the conveyancer of the registered proprietor or chargee (as applicable) that the provisions of the deed dated... between ....,...., ..... and ....Originally posted by march07 View Post
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I forgot to add too that I'm paying half this mortgage thats on the propertyOriginally posted by march07 View PostComment
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Have you checked on the land registry whether the restriction is there ? https://www.gov.uk/search-property-i...-land-registry
#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Might be worth checking with the solicitors that drew up the deed that it was actually registered. Also you can check with Land Registry whether a certificate was entered before the transfer.
#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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When you say 'Also you can check with Land Registry whether a certificate was entered before the transfer' do you mean whether the original deed of covenant restriction?Comment
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No - the restrictionwas worded that the conveyancer had to file a certificate with the land registry to confirm the charge holders had been informed on the transfer ( presumably as the end of the paragraph is missing where you posted it ) so basically you should have received notice that the house was being sold/ transferred#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Who would be my best point of contact to double check this-the solicitors, mortgage company or land registry?Comment
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I'd say Land Registry first - they should be able to tell you if the charge was on there, and when/how/if it was removed - they can't give advice , only information. If no go there I'd try have a chat with the solicitor that drew up the deed.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Have you checked the current entry with the land registry to see what it says regarding ownership etc ? - https://www.gov.uk/search-property-i...-land-registry
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