Restriction
Dear Land Registry,
A person owes a debt to me that went through the courts in my favour. Basically I won the case.
This person has a property,
I am recieveing payments from this person but as the debt is in excess of £10000 and being paid back at 25 per month will take 40 years to repay. The person is over 70 years old.
I dont want hime to be able to sell hiss house or transfer the title without my agreement and therefore would like to apply for a restriction
Can I do this
Regards
Ian Wagg
Dear Ian Wagg
Thank you for your email of 3 January 2013 where you requested
information about applying for a restriction.
Land Registry is unable to give legal advice. Please see our advisory
policy on the website -
[1]http://www.landregistry.gov.uk/contact-u...
S.16 of the Freedom of Information Act Act carries a duty to provide
advice and assistance. I refer you to our practice guide 19 - Notices,
restrictions and the protection of third party interests in the register,
available from the website:
[2]http://www.landregistry.gov.uk/professio... .
Our practice guides are mainly intended for conveyancers and cover a
range of topics on land registration practice and procedures. Section 4
deals with restrictions
If you have any queries about this letter, please contact me.
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Roger Petty
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Corporate Legal Services
Tel 0300 006 7054
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Becky Bbear left an annotation ()
Ian - It is possible to apply to HM Land Registry to register a legal charge over a property, however to do this in the circumstances you describe you would either require the consent of the property owner or a separate Order from the Court.
This is a complex area of law, so my advice would be to consult your own solicitor for full details of how to proceed.
A legal charge is a restriction which prevents any disposal of a property without the consent of the person or body corporate in whose favor the charge exists.
A charge can prevent a disposal, but can not by itself require the proceeds of a disposal to be applied in a particular way...for example by requiring some or all to be paid to the charge-holder. That would require a separate written agreement (like a mortgage agreement)or a Court Order (as in the case of a divorce settlement).
Your own solicitor should be able to advise you on how to make a claim against the Estate of the person concerned (in the event of their death before the debt is cleared), the Estate would include the proceeds of any property forming part of the Estate.
Hope this helps.
Becky