WHAT IS A REGISTERED NOTICE OR A RESTRICTION AGAINST A PROPERTY – WHAT IT CAN MEAN TO A PURCHASER
registered-notice-and-restrictions

WHAT IS A REGISTERED NOTICE OR A RESTRICTION AGAINST A PROPERTY – WHAT IT CAN MEAN TO A PURCHASER

WHAT A PROPERTY SEARCH CAN REVEAL

When a property search is being undertaken, usually when some one has made an offer which has been accepted, the legal team apply to the Land Registry and make a search.

These searches can reveal any number of things, including Notices and Restrictions against the property. Unless these can be either removed or dealt with the sale cannot go ahead.

Notices and Restrictions placed against a property and registered with the Land Registry can come in many forms.

A Notice is an entry on the Charges Register of the Official Copies. It is placed there, normally to protect a third party’s rights against the ‘disposition’ (sale) of the property. This is a claimed interest and does not always mean it is a valid interest but must be cleared to give the purchaser a free and good title. If a third party interest is not registered and later claimed against the property, the free and good title stands.

A Restriction is an entry which can be found on the Proprietorship Register on the title to a freehold property. Any entry on this register is confirmed and restricts the ‘deposition’ or sale of the property until the restriction is satisfied. A very common example is the repayment of a mortgage on the property before the title can be transferred to the new owner.

TYPES OF REGISTERED NOTICE

There are four common types of Notices which can be entered on the register:-

An Agreed Notice – such a Notice must specify what it is protecting and when the notice is registered (on an AN1 form) any evidential document must accompany the Notice. If a document accompanies the Notice it will be attached to it or an extract will be set out in the register. The Land Registry will have note of what document and that a copy is available. This type of Notice needs the land owner’s consent or documentary evidence to back up its claim to be accepted and registered. Removal or cancellation requires an AN4 form to be submitted.

Unilateral Notice – This type of notice is one which can be placed on the register ( using a UN1 form ) without the owner’s consent or any evidence of its validity. If such a notice is registered the property owner will be informed of it. Therefore such a Notice is not so reliable as an Agreed Notice. If an objection is raised against a Unilateral Notice and the person registering it cannot provide any evidence to back up the claim, it will be removed ( removal is by using an UN4 form ).

Homes Rights Notice – This was changed from the Matrimonial Home Rights Notice shortly after Civil Partnerships were recognised in 2004 in England. This notice is intended to protect any spouse or partner’s interest in a property who does not have a registered interest in it. Made on an HR1 and if  registered without consent, evidence must be provided, such as a marriage or civil partnership certificate. Removal of such a notice is dealt with on an HR4 or by written application. The removal form or notice must also be accompanied by either:

  • A death certificate;
  • Office copy of a Decree Absolute;
  • Office Copy of an order of the Court ending the home rights;
  • An Office Copy of the dissolution, nullity or presumption of Death; or
  • An Office Copy of a separation order or the ending of a civil partnership.

Bankruptcy Notice – This notice is placed on the Proprietorship Register after first being registered with the Land Charges Department.  Confirmation by the Land Charges Registry Unit to see if the registered proprietor is one and the same is made and then they allow the Notice to be placed.

RESTRICTIONS

Restrictions are used to protect a number of interests in a property, this is done on a standard form dependant on the restriction being affixed to the property at the time.

Below are the most common, but the list is long and varied:-

  • Restrictions on Dispositions by a Sole Proprietor – This type of restriction can only be placed on a property by an Order made by a court. The Tenants in Common can apply for this as can a tenant who has severed a Joint Tenancy. This restriction helps to prevent a property being sold, on the death of one of the proprietors, by the survivor.
  • Non-exempt Charity – Certificate Required – This restriction registers land which is held in a Charitable Trust from being sold for less than market value. Neither can the property be sold to any person who has a connection to the charity without an order of the court or the Charities Commission.
  • Restriction on Sale when one of the Proprietors is a bankrupt –  In this instance there will be more than one proprietor but one of them has been declared bankrupt. The property cannot be vested in the Trustee in Bankruptcy but his interest is noted. When the property is being sold then the trustee is put on notice and can pursue the bankrupt’s assets held in the jointly owned property. It also alerts the Trustee of a bankrupt that he is attempting to sell the property at undervalue to avoid payment to creditors.
  • Consent Required – This is a general form of restriction where by a transfer cannot be registered without the name of the person on the restriction, for example a management company may have to agree to a transfer, similarly a Landlord.
  • Consent of Chargee – This charge will require an undertaking from a solicitor to ensure repayment of the charge upon the transfer of the property. For example the repayment of a mortgage from the sale funds prior to the balance being paid to the vendor.

PROTECTING A PERSONS INTEREST IN A PROPERTY

These restrictions are intended to protect a person interest. If you own a property with a partner or friend, these restrictions or notices prevent the sale of the property without your agreement. Likewise, if you are a creditor and a person who has been made bankrupt tries to sell their property without repaying you, these notices or restrictions will alert you to the position and give your the ability to protect your interests in the bankrupt’s property.

When buying a property you are protected from purchasing one which has hidden owners or cannot be sold unless agreement of others is obtained. They can also prevent your interest in a property being overreached by another person through being sold without your knowledge.

These restrictions can be very varied but their intention is always to alert a buyer or a person with an interest in the property to what is happening to that property and preventing any sale without the agreement of all interested parties.

 

 

 

What our clients say

Great value for money. Everything went smoothly and I was very pleased with the service provided
Rachel Whitfield
Rachel Whitfield
20:59 12 Oct 18
Excellent! Very responsive, and really helped to push the purchase. There were unexpected delays during the process, but Anthony really helped to reassure me that he was doing everything he could to progress the sale. Ultimately, it all worked out in the end, and I would highly recommend! I would also recommend for auction purposes.
Sean Stevens
Sean Stevens
09:14 21 May 18
Very happy customer. Understanding of our needs and recommended a really fantastic solicitor.
Jack Hearne
Jack Hearne
17:49 12 Oct 18
I have just completed the purchase of my flat with them. They were recommend by the estates agents Phillip Arnold and they were fantastic. My case was handled by Milena who was really helpful and always available on the phone. The online system is also really easy to use. If I buy or sell a property I will definitely be using them again.
Sharon Kelly
Sharon Kelly
18:27 20 Dec 17
I used this service following a recommendation. The online case tracker worked really well. I would recommend this service as it's vital in the coordination between Estate Agencies and between Solicitors. The service proved invaluable in helping progress the conveyancing work efficiently and effectively. Completed the transaction just before Christmas having instructed the Solicitors on the 4th.
Shelly Harrill
Shelly Harrill
16:30 19 Dec 17
Excellent Service. Final Price same as quoted.
A Google User
A Google User
14:26 19 Dec 18
Have used them twice. Both times completion happened in less than 4 weeks, even over Xmas! Totally amazing. They take the stress out of the whole process.
Daniel West
Daniel West
13:04 21 Dec 18
Excellent Service. Final Price same as quoted
Parsa Khamooshi
Parsa Khamooshi
15:54 21 Dec 18
Being a first time buyer they guided me smoothly through the whole process of moving into my first home. Very professional and economical.
Uday Seth
Uday Seth
12:31 24 Dec 18
Express Conveyancing have been excellent in the handling of my recent house sale and purchase. Would highly recommend
James Ellis
James Ellis
11:43 30 Apr 19
Express Conveyancing have been excellent in the handling of my recent house sale and purchase. Would highly recommend
Michelle Preston
Michelle Preston
12:20 30 Apr 19
ThanksThanks for handling my sale and purchase. No complaints from me. Rebecca was regularly on hand to help with my queries and deal with issues.
Claire Miles
Claire Miles
17:48 07 May 19
I bought my first home in South London with Express Conveyancing . Great professional service, I was regularly updated and looked after. Top marks, 100% recommendation from me!
Dale Griffiths
Dale Griffiths
15:58 02 May 19
Good service and happy with the conveyancer
Chris Jenkins
Chris Jenkins
22:01 17 May 19
Great service from start to finish. Was great being able to see progress online! Very quick and efficient! All staff were helpful. Highly recommend
Reece Moseley
Reece Moseley
06:20 30 May 19
I would highly recommend them. They deal with any queries promptly and efficiently. Would definitely use them again.
Sahar Dalini
Sahar Dalini
09:13 10 Jun 19
Fair prices good efficient service
Sue Batchelor
Sue Batchelor
18:46 01 Jun 19
I would highly recommend them. They deal with any queries promptly and efficiently. Would definitely use them again.
Sahar Dalini
Sahar Dalini
09:14 10 Jun 19
This company does not provide conveyancing services directly, they are an introductory company, paid by solicitors to get clients for them. Once you engage with a conveyancing solicitor suggested by them, they don't interfere, and how quick or slow the process is depends on that solicitor that paid them to recruit you. In our case the solicitor was pleasant and corteous, but a bit relaxed, and the whole process took about 9 weeks - about average, but there was nothing "express" about it.About the app to track progress, it is updated by the conveyancing solicitor, so its its usefulness depends on how much he engages with it. In our case, not so much.
Pedro Silva
Pedro Silva
18:27 02 Oct 19
Absolutely outstanding service provided by Rebecca. She really got things moving when they came to a halt. I was moved within 9 weeks. If it wasn't for Rebecca, the move wouldnt have happened that quick. Definitely use EC again in the future.
Sara Kawsar
Sara Kawsar
11:35 03 Oct 19
we purchased a new build flat. The staff at Express were very helpful in finding us our solicitors who was great.
Carl Devenport
Carl Devenport
14:48 26 Sep 19
great service. Completed quickly as promised
Mark Slavinski
Mark Slavinski
16:52 24 Sep 19
Was looking for a modern solicitor with an online website status page so you can live track your progress. The service was fast and they assigned us with a solicitor firm, which was very fast, efficient and pleasant to deal with. HIGHLY RECOMMENDED
Cedric Tomas
Cedric Tomas
21:29 13 Mar 20
Express provided me with an excellent firm (WYM Legal) and had a good portal for keeping me updated during the process. The portal did lack detail but nonetheless meant slightly less chasing.
Sarju Shah
Sarju Shah
10:50 11 Apr 20

Our News

× Whatsapp Us