Restriction Process and Responsibility

I am helping someone sell their property. They were previously married and the property is the former matrimonial home. The property has several Restrictions against the benefit of the ex-husband's interest only in the property. I understand that this had the affect of severing the Joint Tenancy and establishing a Tenancy in Common. The Restrictions were entered after interim charging orders were granted (of which she was unaware until now because he never told her about those cases). Equitable charges could not be registered because the ex-wife was not party to any judgement order and so Restrictions were entered. The ex-wife has obtained an Order for Sale from the Family Court. An offer on the property has been accepted. The ex-wife (seller)'s solicitor want to charge to write to the beneficiaries to give notice as the wording of the Restriction requires notice to be given to the beneficiary. However given that the buyer's solicitor will register title after the disposition the ex-wife has queried why the buyer should not contact the beneficiaries and then can complete a certificate to say that notice was given when registeing the title. The buyer solicitor having direct contact would seem to be the least complicated solution but the ex-wife's solicitor is saying thay they must write to the beneficiaries of the Restrictions and then give an undertaking to the seller's solictor, as this is leglly required by the Restriction. Please clarify if notice of the Restriction could be given by the buyer's solicitor or must the seller's solicitor do it?

Sam - It is for the two solicitors and their clients to determine who does what. We do not have any involvement in that. I am assuming the application to remove the restriction will accompany the application to register the sale, which would normally be submitted to us by the buyer's solicitor. However, they would expect the seller or seller's solicitor to provide all the relevant evidence. The restriction limits the seller's ability to deal with the title so it would be expected they provide the appropriate evidence.