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Posted Fri, 08 Dec 2023 14:47:46 GMT by Tony Carroll
I have a similar situation. I am trying to sell a freehold property which is part of a terrace of 13 houses. Each house has an allocated parking place in the car park. When I bought the house I had to become a member of a Management Company who would look after the shared car park and access.No costs have been incurred to date.
The management company filed dormant accounts for several years but stopped filing in 2019 and were struck off in 2021. I was not aware of any of this until I have tried to sell the house.
My problem is that in my register of title there is a restriction in favour of the management company that I have to have their approval before a transfer can take place.
The Management Company Directors/ Secretary are not contactable. How do I proceed ?
 
Posted Fri, 08 Dec 2023 15:30:57 GMT by Adam Hookway
Tony - see our PG19 and PG19A for guidance along with PG 35 as well depending on the specific circumstances
Posted Sat, 09 Dec 2023 12:32:50 GMT by Tony Carroll

Adam - thank you for that. Can I just add that the Management Company did not own anything. The dormant accounts filed showed Net Assets of Zero and Zero Reserves. When it was struck off in effect the Crown would receive nothing. In this situation would this be a reason to apply for the restriction to be lifted as no party is now involved, no costs have been incurred and none of the residents of the freehold properties owe any money to the management company.

Posted Sun, 10 Dec 2023 09:17:41 GMT by Adam Hookway
Tony - it's really legal advice you need here to ascertain what interest was originally protected and whether it still exists in law.
From a purely registration perspective you can apply to cancel (lift?) the restriction using form RX3 and providing supporting evidence as appropriate - your legal advice would confirm the required evidence
If you apply to disapply the restriction, using form RX2, you need to provide the information as explained in the PG 19. The restriction would not be removed but would be set aside in effect to allow the specific transaction to proceed and be registered
It's important therefore to follow through on the legal requirements and situation before making an application to ourselves
We can't advise you legally and are limited to explaining how to apply to cancel or disapply a restriction 

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