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Posted Wed, 18 Dec 2024 10:03:00 GMT by Jaqui Summers
Hi, I’m buying a property where a trust is involved. The title ref is DN333630.
we have been waiting for a response from the seller’s solicitor for months regarding getting a statement of truth or certificate of some sort to be able to exchange. They continue to be unresponsive on this point.
Having found some earlier threads relating to similar situations I wonder whether anyone can advise whether any application has been made re the property? I’m assuming this would be for the trust or the seller’s solicitor to undertake? Can the owner apply for it at all? Any assistance would be amazingly helpful, thank you 🙏 
Posted Wed, 18 Dec 2024 10:09:22 GMT by Adam Hookway
Hi Jaqui - there's no application against that title at present.
Such a 'trust' restriction is normally dealt with at the time of the sale/purchase. By that I mean the wording is complied with and ".....one or more of them [the named registered owners] makes a      statutory declaration or statement of truth, or their conveyancer gives a certificate....."
The only reason that they would apply to cancel it before then completing on a sale for example, would be because the trust it is protecting had already come to the end for example
The quickest way is to comply with the wording as mentioned and I suspect the conveyancer is trying to get one of the maned owners to complete a statement of truth to that effect
Posted Wed, 18 Dec 2024 10:22:03 GMT by Jaqui Summers

Ah ok, so we could ask the owner to complete such a statement, it doesn’t have to be by the trust?

Posted Wed, 18 Dec 2024 10:23:34 GMT by Adam Hookway
Jaqui - any statement of truth would have to be by one of the named registered owners as per the wording of the actual restriction 
Posted Wed, 18 Dec 2024 10:26:24 GMT by Jaqui Summers

Adam, than you so much, you’ve been beyond helpful! I’ll let the relevant people know so we can try and get things sorted.

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