• Proprietorship Register , Title Absolute. RESTRICTION:

    By Guest on 22nd May 2019

    Hi . please could you help me with this, would this restriction stop me purchasing the piece of land from my mother RESTRICTION: 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.
    Many thanks.Richard

  • 1 Answers

    By Guest on 23/05/2019

    This restriction is commonly known as the "sole proprietor restriction" and prevents the title from being sold, transferred etc by only one proprietor. When your mother purchased the land I assume she did so as 'Tenants in Common' (instead of Joint Tenants) with another party; as this would trigger HMLR to enter the above restriction.

    As long as the land is being sold by both your mother & the other party the restriction will be satisfied. Conversely, if the second party is no longer tied to the property (i.e, if they have passed away or disposed of their own share) your mother can apply to have the restriction removed by completing an RX3 and ST5 form.

    I hope this helps, but if you need any further advise or assistance, I would recommend contacting Notary Express on 0333 122 221.

    Louise

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