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Posted Tue, 11 Mar 2025 10:15:43 GMT by Jamie McDonald
Hi 
We are trying to sell a house and it has a restriction on the from the 17.04.24 but it does not tell us who it relates too.  Does anyone know how we would find this information out?
Thanks in advance
 
Posted Tue, 11 Mar 2025 11:53:16 GMT by Adam Hookway
Hi Jamie - what's the title number please?
Note - whilst this is a public forum and others may post if they wish to there is no 'anyone' as very few will post. We, at HMLR, use the forum to enable users to find answers to their frequently asked Qs. There's no 'community' as such
Posted Tue, 11 Mar 2025 13:40:55 GMT by Jamie McDonald
Hi
The number is CH433656 and it is point 5 that we are looking at.
Thank you for any help in this
Posted Tue, 11 Mar 2025 14:14:14 GMT by Adam Hookway
Hi Jamie - entry 5 of the B Proprietorship Register is what's known as a form A/joint ownership restriction 
Joint property ownership: Overview - GOV.UK
Provided you are both selling then the restriction does not catch the sale/purchase and will be removed automatically when the buyer is registered 
Posted Tue, 11 Mar 2025 14:30:30 GMT by Jamie McDonald
That makes sense, unfortunately the other person selling has died, hence why we are selling the property.  Our initial solicitor said they could not continue because of this, but this will certainly help explain.
Thank you so much for you help
Jamie
 
Posted Tue, 11 Mar 2025 14:34:08 GMT by Jamie McDonald
It was the joint owner that died, so would that just be lifted?
 
Posted Tue, 11 Mar 2025 14:35:43 GMT by Adam Hookway
Jamie - understood re one of the joint owners dying although you say 'we are selling' and you are not one of the joint owners?
If one of the joint owners has died then the restriction will bite and prevent a sale by the one surviving owner. 
As such either the restriction needs to be cancelled or additional steps taken to enable the sale to complete
Cancel the form A restriction - see PG6 section 8 - Practice guide 6: devolution on the death of a registered proprietor - GOV.UK
Enable sale to complete - see PG 21 section 6 - Practice guide 21: using our forms for complex and more unusual transactions - GOV.UK
Posted Tue, 11 Mar 2025 14:45:46 GMT by Jamie McDonald
Sorry for the confussion.  The joint owners are my mother and step father (who is deceased).  Just trying to help her with it all.
 
Posted Tue, 11 Mar 2025 14:50:52 GMT by Adam Hookway
Jamie - many thanks and that explains it. Just worried we might have bene looking at the wrong title number.

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