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Restriction on title register becomes impossible to perform
Restriction on title register becomes impossible to perform
Posted
Wed, 09 Jul 2025 12:16:49 GMT
by
Steve Guy
A Land Registry Title contains the following restriction:<br>   <p><strong><em>"Proprietorship Register</em></strong></p> <p><strong><em>Title Absolute</em></strong></p> <p><strong><em>RESTRICTION: Except under order of the registrar no disposition by the proprietors of the land is to be registered unless authorised by the rules for the time being of the XXXXXXX Club as evidenced by a certificate signed by the secretary of the committee or the solicitor thereof."</em></strong></p> The club in question has ceased to exist by virtue of its own rules for over 20 years. On that basis, compliance with the restriction is impossible. The land is owned by a dozen beneficial owners. How does this affect their right to sell their share in the land? If a beneficial owner is not mentioned on the Land Registry Title would that make a difference?<br> <br> TIA Steve
Posted
Wed, 09 Jul 2025 12:24:08 GMT
by
Adam Hookway
Steve - it's legal advice you need here re what rights beneficial owners might have. We register the legal ownership and any sale/transfer (disposition) would be of the whole and not a share in registration terms. <br> Our PG 19 section 3 offers guidance with regards restrictions and how to comply with them or if appropriate apply to cancel or disapply them depending on the circumstances - <a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register">Notices, restrictions and protection of third-party interests (PG19) - GOV.UK</a> <br> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to <a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>
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