When we decide to move, we want to know everything about the property we are buying to avoid any nasty surprises further down the line. Your solicitor will conduct a number of searches to this end, one of which will be a Land Registry search.
What information does this give us?
The Land Registry search will give your solicitor several pieces of information. These include who owns the property, whether it is leasehold or freehold, and whether there are any restrictions on the property being sold.
Information about accessing the deeds can be found on the Land Registry UK website
Whether you are thinking about moving house in the future or are already underway with the process, specialist legal advice from organisations such as Parachute Law can answer your questions surrounding restrictions on property and put your mind at rest.
Types of restrictions
Let’s look at six types of restrictions that can commonly be encountered as part of the Land Registry search:
1. Restriction on disposition by a sole proprietor
A restriction on disposition by a sole proprietor is placed on a property following the death of one of the tenants in common, meaning the survivor cannot sell.
2. Restriction on sale when one proprietor is bankrupt
Somewhat similar to the restriction on disposition by a sole proprietor, this restriction means the property cannot be sold without alerting the trustee of the person who is bankrupt.
3. Non-exempt charity
This restriction refers to land in a charitable trust. If this restriction applies, it can’t be sold for less than its market value.
4. Form LL restriction
This is rarely a reason to panic, but a process must be followed.
5. Consent required restriction
This simply means there is a third party who must give their agreement before the registration can be changed from one person to another.
6. Consent of chargee
This is where a solicitor will have to legally arrange for any charge to be fully repaid before the transfer of a property can take place.
