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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33281
Experience:  25 years exeperience
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Can you tell me what this means Ristriction: No disposition

Customer Question

Hi
Can you tell me what this means
Ristriction: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to xxxxx being the person with the benefit of an interim charging order on the beneficial interest of xxxxxx
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Clare replied 9 months ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you.

It means that the Land Registry will not record any changes to the Register - be it a sale or a re-mortgage unless the person applying certifies that written notice has been to the named person so that they have a chance to object, or to take other steps to secure their money

This makes it more difficult to sell or remortgage the property

Please ask if you need further details

Clare

Customer: replied 9 months ago.
We are currently selling our house with this interim charging order on it from 2008. Does it mean that our solicitor would have to pay the debt from proceeds from the sale or only that they need to notify them of the sale
Expert:  Clare replied 9 months ago.

Your solicitor only needs to give notice BUT it is likely (if not certain) that your buyer's solicitor will insist that it is paid off - I would!

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