Restriction In The Proprietorship Register

I have a restriction on Land Registry dated January 11 stating: no disposition of the registered estate, other than disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to NRAM, being the person with the benefit of interim charging order on the beneficial interest of my ex-husband made by Manchester County Court on 5 January 11.
I put the property on the market but now, closer to exchange, my conveyancing solicitor has stated that they can't give undertaking to the buyer that the restriction will be removed. The reason for this is that NRAM won't remove the restriction unless all debt due from my ex-husband is repaid. Is it legal what they are doing? I was under the impression that they only need to sign the consent that the notice of disposition was given in writing. At present I am unable to proceed with the sale because of it.

Please advise..

Many thanks.

Olga

4 Answers

The problem here is that whilst the land registry should remove the restriction if your conveyancer confirms that thenotice has been served they won't guarantee that. Your buyer's solicitor quite rightly will be insisting on an undertaking from your solicitor that it will be removed but your solicitor can't give that undertaking unless the debt is paid which would mean that NRAM would if necessary remove the restriction themselves. Unless the debt is disputed then if it is in your husband's name it should be paid from your husband's share of the equity. If his share is not enough then NRAM will have to take his whole share - they have no claim on your equity. The best approach if the debt is not to be repaid is to agree that your solicitor can retain amount equal to the debt on terms that if when they serve notice following completion the land registry removes the restriction the money is returned to you but otherwise they are authorised to pay the debt if that is what is necessary to remove the restriction

Many thanks for your reply- I found it to be very helpful.
Further development now- my ex-husband stopped signing the paperwork regarding the sale. I have the consent order signed by the Court stating that the property should be sold. I gather I need to see a matrimonial solicitor re advice on how to take this case back to the court.

The question is whether the restriction mentioned above can be removed without my ex-husband's consent that all of his share should go towards the debt? Can the conveyancing solicitor automatically transfer ex-husband's share to the creditor? Can the Court make this decision? I wondered if the restriction gave NRAM the power to collect their debt from the interest of my ex-husband without his say so?

I would kindly appreciate the response.

Thank you.

Can you please advise which conveyancing solicitor can deal with the removal of the restriction bearing the circumstances described above in mind?

Many thanks.

Matrimonial law isn't my field but I suspect the best way might be to go back to Court and have the consent order varied so as to say that the NRAM debt is to be paid out of his share (if the court is prepared to do that - not my field of expertise as I say). Withut a court order if your ex husband instructed the conveyancers not to pay it their hands would be tied.