• How To Gift A Property From Mother To Son Where There Is A Restriction In Favour Of Management Company

    By Guest on 02nd Jun 2015

    We are trying to transfer a property (as a gift) from my mother to me. The property is being let out and managed by a letting agency.

    The title register has a restriction of type form L, e.g. that no transfer or assent may take place unless you get a certificate from the management company.

    I checked with companies house website and saw that the management company has been dissolved.

    We submitted the TR1 form and were then contacted by the land registry about the restriction. I submitted a RX3 to try and get the restriction cancelled.

    But land registry wrote back saying that the company being dissolved was not grounds for a RX3 but I could try a RX2 (to disapply a restriction).

    I submitted a RX2 and I just got back a reply that in order for them to consider the application I should confirm that "the Deed of Covenant refered to in the Sixth Schedule to the transfer dated 26 July 2002 has been entered into".

    I think the deed of covenant is to pay estate charges to the management company, but as far as I know the company has been dissolved.

    Do the land registry want us to confirm that my mother had entered into a deed of covenant in 2002? Or that I have just now entered into a deed of covenant?

    What is the best way of getting the transfer completed?

  • 1 Answers

    By Guest on 05/06/2015

    It is difficult to say without sight of the restriction or the 2002 transfer but I suspect you will have to draft the deed in the form set out in the 2002 transfer and sign it and send it to the address of the restrictioner set out in the restriction so that you are bound by the covenants. Be aware that if the company is ever resurrected (which can happen which is why the Land Registry can't remove the restriction) you will actually be bound)

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