Restriction on Title Deeds - B3 & B4 restrictions Urgent Help needed please !

Hello all, 

Really looking for some advice.  We are are buying a house, and was looking to complete on 16th December 2024, everything is in place, and has been plain sailing, until last week when the solicitors stated they didnt think we would be able to complete 16.12.24.  They stated they are waiting for two searches to come back in relation to the title deeds.

We have been advised  B3 & B4 have restrictions - Title Number EX88676

So house we are buying is probate - however, house/land was transfers to the sons in 2007 as stated on title deeds (we wasn't made aware of this from solicitor) we thought the lady owned it, but then died, and then it went to probate and was now being put up for sale by her sons.  I believe there was a trust element to this, so the house was transferred to the sons, and the lady lived in the house until her death

Solicitors are basically saying if they can not provide a certificate the house sale can't go ahead.  They have been pretty vague with the information, and my husband and I have been trying to find out what is needed, and are not even sure if the sellers are even aware of what is needed.

-Please can someone advise if these restrictions can be cancelled
-Does the trust part get cancelled due to the death of the lady
-What forms would be applicable on this to complete
-Can the solicitor self certify this as they have the will, trust and title deeds

Surely now the original owner died, sadly, a death certificate would be all that is needed to prove the trust element is no longer, and dissolved.

Please can someone help on this matter, as our solicitors aren't being very speedy in this situation and saying 'you need to prepare yourself for buying a different house!' - not helpful - we need a resolution to it or at least an explanation

Many thanks
 

Hello Both - first thing to say here is that this is very much something you must rely on your conveyancer to advise you on. Understanding the register and the impact of such restrictions on the seller and property is very much part of the professional advice and service you are paying for.
The only advice we can offer is very general advice re the restrictions but it may, hopefully, enable you to perhaps better understand what the restrictions mean and what they probably relate to.
The much easier part is the legal ownership and who is selling - that has to be those named on the register and that I assume is the 2 sons you are referring to. The lady who did own it is presumably Mrs M and she died several years ago. The sons presumably then transferred it into their joint names as the beneficiaries and as such they are now the ones to sell.
The 2 restrictions were presumably applied for to protect the trusts involved, namely the deceased lady's 'Life Interest Trust' (LIT) and their own trust/wills arrangements.
The 'meaning' is usually quite straightforward as it's the wording that's crucial as it then explains what it restricts and how it can be complied with.
So the first restriction, known as a form A/joint ownership restriction only comes into play IF one of the registered joint owners has died. From what you state that's not happened so if they are both selling then the restriction has no impact.
The second restriction relates to the LIT so protects whatever the terms & conditions of that trust are. For example what happens say if they sell and who gets what re the purchase monies?
So IF the two sons are selling then the first restriction has no impact and is cancelled automatically and providing the sale is in accordance with the LIT then the conveyancer can provide the certificate required and it too can then be cancelled when the purchase is registered 
Taking your actual Qs in order 

• Please can someone advise if these restrictions can be cancelled - yes they can and that would normally happen after completion of the sale/purchase and when the conveyancer applies to register your purchase
• Does the trust part get cancelled due to the death of the lady - no the 'trust part', so the second restriction, was added to protect the LIT after her death. Her death has no impact now
• What forms would be applicable on this to complete - none. The form A and Form B restrictions would be cancelled automatically provided they had been complied with as stated - see section 6.1 of our Practice guide 24: private trusts of land - GOV.UK
• Can the solicitor self certify this as they have the will, trust and title deeds - the seller's conveyancer is the one to provide a certificate (which is a self-certification) confirming the sale/transfer is in accordance with the LIT

I suspect, but again please do rely on your conveyancer here, that they are waiting for the seller's conveyancer to check and confirm that the sale is in accordance with the LIT. OR, and this can also happen, the same conveyancer is asking the 2 registered owners to complete stat decs to confirm the same thing

Adam, 

This is what we thought would be the case - thank you so much for reply.

So the Lady ( Mrs M Matthews) she died in September 2023

From what I gage, the title deeds were transfered to the Sons (Matthews & Matthews) in 2007 and perhaps her 'Trust@ was set up so that she remains in the house for her lifetime, upon her death only then the house can be sold.

yes we are trying to get clear concise information from our solicitor, however, its proving challenging to just obtain the correct information, but your help is amazing and gives us information to speak with our solicitor on

So, how long would this take to resolve, or would all be done in connection to the sale paperwork.  We understand this sale will not happen on 16.12.24 and thats fine, however, being told to prepare we will need to find another house to buy and also our estate agent then sending us new houses - we would rather wait for the house we want, but again conflicting information is being given to us, or should i say no alot of information

Adam - i really appreciate your help and response on this - thank you 

Both - that would all make sense and fit re timing of her death and now 'wanting' to sell for example 
I would usually expect this to all then be dealt with by way of the usual sale/purchase paperwork so nothing done 'upfront' with us. Neither restriction need to be cancelled/withdrawn before completion but both have to be complied with as mentioned. So a check that both named registered owners are the Transferors/selling and the certificate as mentioned is provided/available.
But it is absolutely crucial that you do rely on your legal rep and advice here. They are the ones who will be looking at the whole picture and be in contact with the seller's conveyancer to resolve such matters appropriately.
It's not for HMLR to advise you on such matters to the extent that we override your conveyancer. We register the outcome of the sale/purchase so come after such matters have been agreed/resolved between the seller/buyer and the conveyancers involved.
If it were me I would suggest simply asking your conveyancer to confirm that a) the two named registered owners are both selling and b) the delay is obtaining the certificate from the conveyancer to comply with the restriction that specifically mentions the trust.
I would resist any temptation to for example copy and share word for word what I have posted as there maybe 'more' that the conveyancer is aware of re issues delaying matters for you
Their response should help better understand where the delay is as they see it and if their 'downcast view' re this house is warranted. There may for example be an issue with the sale not being in accordance with the trust for some reason and that's the bigger picture the conveyancers may have already discussed and something we simply would not be aware of.
EX88676