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General Info & Guidance
Title deed restriction
Title deed restriction
Posted
Thu, 21 Dec 2023 06:15:27 GMT
by
Peter Wells
We are buying a property and the current title deed has the following restriction:
6 (25.09.2009) RESTRICTION: No disposition of the registered estate, other than a 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 HPAS t/a Safestyle UK (Co. Regn. No. 02777148) at 14 Eldon Place, Bradford, West Yorkshire BD1 3AZ, being the person with the benefit of an interim charging order on the beneficial interest of Earl Eric Williams and
Carol Lesley Williams made by the Bradford County Court on 14 September 2009 (Court reference 8QZ01316).
What is the minimum required to enable the property to be transfered to us as the new owners?. Do we need a response from HPAS before the restriction can be removed? Or is proof of the notice beind delivered sufficient?
Posted
Thu, 21 Dec 2023 08:15:24 GMT
by
Adam Hookway
Peter - you need to comply with the restriction wording, namely
"a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to......."
Nothing more than that, so no proof of postage, receipt etc. A certificate given by you (the applicant) or your conveyancer that states
"I/We hereby certify that notice of (specific details of the disposition) was given to HPAS......."
The restriction says all that you/your conveyancer needs to know
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