• Land Registry Restriction No Transfer Of Proprietorship Of Land Without Consent

    By Guest on 17th Jun 2019

    I Purchased a house freehold with a mortgage in 2001 from a mother and son, just come to sell it 18 years later and find out there is a restriction at the land registry in favour of the Mother and Barclays, We used a big legal firm to do all the legal stuff, we assume any loans will have been repaid on completion as the Barclays name has been removed however the mothers name is still there, I think the mother has possibly past away and we have no contact information for the son, this only leaves the daughter who will probably be one of the executors but sadly she's not someone you want to have a hold over you for anything. (rotten apple to the core)
    Can the restriction be enforced blocking me selling the land/property without the mother agreement, we purchased the house freehold she and her son got paid in full and they moved away, there are no ties whatsoever between us so what happens if she's still alive and refuses to sign or the executors make big financial demands for their cooperation, its a big house now with 18 years of money love and hard work gone into it. how will our buyer get a mortgage with a restriction registered.
    The original solicitors have filed a RX3 but they have no records 18 years down the road.
    Can the beneficiary of the restriction just sit back and say make me an offer for my cooperation even though you purchased the property in full without knowledge of this restriction, is the original solicitor negligent these people could ask £500k if the restriction is enforceable and doesn't have to be supported by anything other than a solicitor missed getting it removed 18 years ago

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