Tweet
I have a non-standard restriction on my property placed by the council [in respect of care home fees for one parent] property was bought as a joint tenants. I am the sole surviving owner. It appears that this is similar to standard restriction K.
The Land Registry has confirmed that as my parent was a joint proprietor of the property, the charge could not be registered or noted, instead it was protected by registration of a [non-standard] restriction. I have a copy of the RX1 and the wording under B. Proprietorship Register is
No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to (the council) being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983'.
And LR stated that complying with the restriction meant that the applicant (my buyer) or their conveyancer should notify the Council of the sale. Further that there is no requirement to notify the council at a particular point in the process so the council could be notified AFTER the sale. The purchaser's solicitor then writes to LR attaching a copy of the certificate/letter sent to the council and then the charge can be removed from the register.
I'm at the point of wanting to appoint a conveyancing solicitor and getting quotes but there seems to be confusion about what exactly the restriction means. Some are saying there would be additional charges to 'discharge the charging order' but it's not a CO it's a restriction, placed on a jointly owned property.
Can anyone recommend conveyancing solicitors that understand this non-standard restriction so they can liaise with the buyer's solicitors and reassure them as to the process?
Thank you.
The Land Registry has confirmed that as my parent was a joint proprietor of the property, the charge could not be registered or noted, instead it was protected by registration of a [non-standard] restriction. I have a copy of the RX1 and the wording under B. Proprietorship Register is
No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to (the council) being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983'.
And LR stated that complying with the restriction meant that the applicant (my buyer) or their conveyancer should notify the Council of the sale. Further that there is no requirement to notify the council at a particular point in the process so the council could be notified AFTER the sale. The purchaser's solicitor then writes to LR attaching a copy of the certificate/letter sent to the council and then the charge can be removed from the register.
I'm at the point of wanting to appoint a conveyancing solicitor and getting quotes but there seems to be confusion about what exactly the restriction means. Some are saying there would be additional charges to 'discharge the charging order' but it's not a CO it's a restriction, placed on a jointly owned property.
Can anyone recommend conveyancing solicitors that understand this non-standard restriction so they can liaise with the buyer's solicitors and reassure them as to the process?
Thank you.
