Restrictions On Title

My seller's conveyancer won't or can't provide my solicitor with a legal undertaking to supply the certificates for land registry on completion. All other work is done. could another solicitor pick it up & move it to exchange swiftly

6 Answers

Hi,

That depends entirely on the restrictions in question and potentially the surrounding circumstances. Are you able to extract the wording if the restriction(s) here? Please do not include any personal data.

(09.02.2011) 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.
3 (09.02.2011) A transfer to a former proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.
4 (08.12.2020) RESTRICTION: No disposition by the proprietors of the
registered estate is to be registered unless one or more of them makes
a statutory declaration or statement of truth, or their conveyancer
1 of
2
B: Proprietorship Register continued
gives a certificate, that the disposition is in accordance with the
Family Trust 2020 created by a Deed dated 28 July 2020
made between (1) NAME (2)NAME (3)NAME
and (4)NAMEt or some variation thereof
referred to in the declaration, statement or certificate.
5 (08.12.2020) RESTRICTION: No disposition by the personal representative
of NAME deceased, other than a transfer by way of
assent, is to be registered unless such personal representative makes a
statutory declaration or statement of truth, or their conveyancer gives
a certificate, that the disposition is in accordance with the terms of
the Will of the deceased or some variation thereof referred to in the
declaration, statement or certificate, or is necessary for the purposes
of administration.

I understand from my solicitor this should be straight forward for the seller's
solicitor?
(09.02.2011) 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.
3 (09.02.2011) A transfer to a former proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.
4 (08.12.2020) RESTRICTION: No disposition by the proprietors of the
registered estate is to be registered unless one or more of them makes
a statutory declaration or statement of truth, or their conveyancer
1 of
2
B: Proprietorship Register continued
gives a certificate, that the disposition is in accordance with the
Family Trust 2020 created by a Deed dated 28 July 2020
made between (1) NAME (2)NAME (3)NAME
and (4)NAMEt or some variation thereof
referred to in the declaration, statement or certificate.
5 (08.12.2020) RESTRICTION: No disposition by the personal representative
of NAME deceased, other than a transfer by way of
assent, is to be registered unless such personal representative makes a
statutory declaration or statement of truth, or their conveyancer gives
a certificate, that the disposition is in accordance with the terms of
the Will of the deceased or some variation thereof referred to in the
declaration, statement or certificate, or is necessary for the purposes
of administration.

Hi,

This 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.

... won't be an issue as long as there are at least 2 living registered proprietors, or if all the proprietors are dead, there are at least 2 executors/administrators for the last of the proprietors who died. Is there is is one surviving proprietor then he are she will need to appoint another trustee. This can be done in the transfer deed and is straightforward for the seller's lawyer.
As for this one:

No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes
a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Family Trust 2020 created by a Deed dated 28 July 2020 made between (1) NAME (2)NAME (3)NAME and (4)NAME or some variation thereof referred to in the declaration, statement or certificate.

... I wouldn't necessarily expect the seller's conveyancer to give the certificate. There is no guarantee that the trust deed he or she is presented with by the seller is the actual document referred to in the restriction (so the conveyancer can't be sure that the terms of the trust have been complied with). Instead I would expect a statement of truth from the seller. Again, easily done, unless the terms cannot for some reason be complied with. If that's the case, the seller's conveyancers should submit an application on their client's behalf to cancel the restriction.

Finally we have this:

No disposition by the personal representative of NAME deceased, other than a transfer by way of assent, is to be registered unless such personal representative makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the terms of the Will of the deceased or some variation thereof referred to in the declaration, statement or certificate, or is necessary for the purposes
of administration.

... again, I'd expect a statement of truth from the seller rather than a certificate from the seller's conveyancer. I hope this assists but please remember it is a general commentary only and is not intended to be treated as legal advice. I'm not familiar with the specifics of your case and of course you should follow your own conveyancer's advice.

Thanks. from what I understand from my solicitor it is a legal undertaking from the seller's solicitor to supply the required land registry docs on completion,that is all. The seller's solicitor has been in contact with the trust solicitor so has all the info needed to comply.
IF another conveyancer were to pick this up,would they be able to deal withit quickly?

Hi,

That's really not something anyone not directly involved in the case can answer I'm afraid.