Trusts of Land and Appointment of Trustees Act 1996

About 15 years ago an ex partner who split up with me managed to get a Solicitor to place a Form A Restriction on my property. After trying to extort money out of me which I point blank refused to pay and told them to take me to Court, they just stopped contacting me after that. As I say this was 15 years ago but I still have this restriction registered on my property, which I want to get off. This is how it reads

 “No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

 Would you have any idea on how I can get this off. I have never seen my ex since splitting up and have no idea where she is now. The act that was mentioned in the letters I had was Trusts of Land and Appointment of Trustees Act 1996

 

 The property is registered in my sole name and we were never married.

 Many thanks 

 

 

May I suggest you check your

May I suggest you check your Deeds or office copy entries again as this does not seem right

You quote the terms of the restriction but say that the property is registered in your sole name.  The restriction which you have quoted is the standard restriction registered when two or more people own the land, as tenants in common, rather than joint tenants.  It makes no sense if you are the sole owner of the property.

There are steps which your ex could have taken to protect a pending court claim against the property but they would not have resulted in this restriction.

If, after checking the Deeds, you find that the situation is as you have described, I suggest that you contact the Land Registry and explain that a mistake appears to have been made. If a mistake has been made on their part, they can take steps to rectify it and issue a new Land or Charge Certificate

If there are other entries which appear on the register as a result of your ex's potential claim, say what these are.  It is possible that you may be able to "warn off" any such entries as your ex  has not followed through with her proposed claim under TOLATA

Thank you for answering me.

Thank you for answering me. This has hung over my head for years. It was a form A restiction if I remember rightly. This is what the register says

B: Proprietorship register                                                              This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.

Title absolute

1 (02.12.1987) PROPRIETOR: my sole name and address of property

2 The Transfer to the propietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.

3 (08.03.2004) RESTRICTION: No disposition by a sole propietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by order of the court.

 

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In that case, I suggest

In that case, I suggest contacting the Land Registry and asking them why they registered the Restriction dated 8.3.2004 bearing in mind that you are and always have been the sole registered proprietor of the land.

Ask them if they will remove the Restriction. If they refuse, ask them to provide you with  a copy of whatever information they received in order to register the Restriction and  ask them if they can say what they need from you in order to remove it

Do share their response as it may be useful for other people in your position

I would have expected your ex's threatened claim to have been registered at the Land Registry but not in this way.  

I do have a copy of her

I do have a copy of her statement supplied to Land Registry which was in part lies about her contributing financialy apart from a benefit claim for mortgage interest payment's whilst she was disabled and I cared for her. The only household bill that was ever in her name was a telephone bill and cable tv. This is what the statement said.

The Applicant (her name) had a relationship with (my name) the registered proprietor of the property. The relationship started in 1981 and the parties lived together for 19 years until the relationship ended in 2003. The property (address) was purchased in the sole name of (my name) in 1986. The parties lived together at this property and have 3 children of the relationship. The Applicant contributed financialy towards the property. During the periods the parties resided at the property it was the Applicant who was responsible for the mortgage payments on the propety. These payments were made from housing benefits that the Applicant was claiming. The Applicant also contributed towards maintenance, improvement and furnishing of the property. The houshold bills were in the sole name of the Applicant and she was responsible for payment. The Applicant has an equitable interest in the property and is seeking to make an application under section 14 Trusts of Land and Appointment of Trustees Act 1996 for a beneficial interest in the property. It is believed that (my name) may take steps to dispose of this property and hence the Applicant requires to protect her interest by way of restriction.

I did have a Solicitor at the time but they were getting nowhere they only tried to negotiate a settlement and I was adamant from the start that I wasn't willing to pay her a penny I would of rather lost the lot. When the other side were told to either put up or shut up, that was the last correspondance we had with them. A few years later I did a staturtory declaration stating I hadn't had any contact from my ex and that she was nowhere to be found.

The Land Registry wrote back to me stating that I needed to do a Statement of Truth as to why I believed she no longer has a beneficial interest and that because a Form A restriction don't state which interest is protected and that others could look at the register and think their interest was protected as well as only one restiction is allowed.

I owe no money on my property and have never had any loans or nothing either so no one else's interest needs any protection.

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I've just phoned the Land

I've just phoned the Land Registry and all they would tell me was I have to fill in a form RX3 and possibly a ST5 but wouldn't say anything else other than to contact a Solicitor for legal advice. I already filled a RX3 and submitted it years ago but I got lost in the process of it all (I'm not the sharpest pencil in the box) and just left it as was also told that if I waited 12 years I would be able to claim it all back under adverse possession rights, which I think isn't right as I'm already the owner of the land. I just want to get this sorted now so that if I die she can't try and claim my house from my son who I have left it to in my will.

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In that case, try making a

In that case, try making a Statement of Truth for the Land Registry

Her statement says "The Applicant has an equitable interest in the property and is seeking to make an application under section 14 Trusts of Land and Appointment of Trustees Act 1996 for a beneficial interest in the property. It is believed that (my name) may take steps to dispose of this property and hence the Applicant requires to protect her interest by way of restriction."

You can say in the Statement of Truth that the Restriction was registered because your ex stated that she was seeking to make an application under s14 TOLATA and that she has not made any such application despite 15 years having passed.

That may be sufficient to satsify the Land Registry, there is a difficulty that there doesn't seem to be a limitation period for the claim she threatened but it seems wrong that you are left perpetually in limbo

You have been a fantastic

You have been a fantastic help thank you. I am going to do that tomorrow with a statement of truth. I get what your saying about the limitation period for her to make a claim which was why I was told to wait 12 years and use adverse possession rules, which I now know won't work.

Thank you again and I will update the thread when I recieve a reply from the Land Registry.

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Our last 2 posts crossed Try

Our last 2 posts crossed

Try a RX3 for now.  Complete paragraph 9 of the form to say that you have always disputed her claim for a share in the property and that she has not issued an  application to the court.  15 years have now passed so she has had more than adequate time to pursue an application.  As she hasn't done so, it appears that she has abandoned her claim.

If they won't accept this and want a Statement of Truth as well, it might be worth going to a solicitor to sort this for you. 

Getting the restriction off the register isn't the same as debarring a future claim against the property. It simply means that you or anyone inheriting the property from you will be able to sell or mortgage it.

I do sound as if I'm tight

I do sound as if I'm tight and don't want to use a Solicitor but what happened was I already paid a Solicitor who told me they were an expert in these matters and she turned out to be a family solicitor and knew nothing about what I was paying her for and after paying her around 3 to 4k I had enough and told her I would only pay her for one more letter to tell the other side to go forth and multiply and to take me to Court and that was where I left it with her and heard no more from the other side. My Solicitor then told me the only way I could remove this would be to start litigation with my ex myself and that would cost thousands more. I'm going to have a go again myself now with the help you have provided me with and hopefully I will get a result. If not I need to find a Solicitor who can do it for me without wanting to swallow up all the value of my home lol.

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