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What does no disposition by a sole proprietor of the registered estate mean

14 replies

PregnancyHormonesss · 02/02/2025 23:14

If land registry says

“RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

what does it actually mean? I am searching online but still dont really understand

OP posts:
Blankscreen · 02/02/2025 23:18

It's usually an indication that the property is owned as Tenants in common rather joint tenants. In layman's terms each registered owner 'owns' a definitive share which can be passed under Thier will if they die.

If you own as joint tenants then if one of the owners dies the whole property automatically passes to the other registered owner.

CranfordScones · 02/02/2025 23:20

Same thing was registered on my property when I bought it. My solicitor said it was nothing to worry about. PP's answer makes sense - it was jointly owned at the time.

PregnancyHormonesss · 02/02/2025 23:23

Thank you.
i was hoping it means something completely different…
power of attorney transferred grandmother’s house to himself and his brother (grandmother didnt get a penny). She is also mentally capable of making own decisions but a bit clueless, naive and does whats being told..

OP posts:
HeddaGarbled · 02/02/2025 23:43

Don’t bother with that land registry stuff. Do this:

If you suspect someone is abusing their position as an attorney, acting outside the scope of their powers or failing to make decisions in the best interest of the donor, you should report your concerns to the Office of the Public Guardian.
You will need to provide the name, address and date of birth of the donor and any details regarding their mental capacity.
You must also state the date you first became aware of any concerns and provide supporting evidence

Report a concern about an attorney, deputy or guardian

Contact the Office of the Public Guardian if you have concerns about an attorney, deputy, guardian or a decision they've made for someone else

https://www.gov.uk/report-concern-about-attorney-deputy-guardian

PregnancyHormonesss · 02/02/2025 23:59

HeddaGarbled · 02/02/2025 23:43

Don’t bother with that land registry stuff. Do this:

If you suspect someone is abusing their position as an attorney, acting outside the scope of their powers or failing to make decisions in the best interest of the donor, you should report your concerns to the Office of the Public Guardian.
You will need to provide the name, address and date of birth of the donor and any details regarding their mental capacity.
You must also state the date you first became aware of any concerns and provide supporting evidence

Thank you. I found this today and i will be filling it in although i dont have any evidence i am afraid, but will submit regardless.
grandmom is not the person you can easily deal with either, when asked about transferring the house and not being the owner of the property worth about £1m (which according to her will should be passed down to kids and grandkids- will doesn’t exist any more now) said nothing like
this happened and she didnt sign anything, after seeing land registry with her own eyes was still denying, when the person with POA confirmed in front of her she did indeed sign and understand what she was doing and asked family to leave HIS house now (family visiting grandmom) she kept quiet and now is out of the country for months with “him”, and you cant reach her to see if she is alive

OP posts:
LandRegRep1862 · 07/02/2025 14:11

To answer your original Q a disposition is essentially dealing with the property so a sale, a mortgage or granting a lease to name the main three
The restriction is known as a form A or joint ownership restriction and, as posted, often linked to joint owners owning as 'tenants in common'
We register the legal ownership and the effect of such a restriction is that if the joint ownership is reduced to one, for example the other joint owner dies, the surviving owner can't sell, mortgage or lease without dealing with the restriction.
The restriction in essence protects each beneficial ownership so if for example they had split that beneficial share 50/50 and their will left their share to someone else, then the surviving owner has to account for that when selling. The sale effectively turns the legal ownership (the bricks & mortar) into beneficial ownership (the ÂŁs and pence)
If the property is registered in two names now then the form A restriction maybe there to protect their beneficial shares and the grandmothers but we would not know. As the property hasn't been sold it's worth asking the Q of the registered owners as to whether her beneficial interest remains and if so how and how or when might it be realised?

Joint property ownership

Check if you're a joint tenant or tenants in common. Change from joint tenants to tenants in common, or tenants in common to joint tenants

https://www.gov.uk/joint-property-ownership

Elsvieta · 07/02/2025 16:53

PregnancyHormonesss · 02/02/2025 23:23

Thank you.
i was hoping it means something completely different…
power of attorney transferred grandmother’s house to himself and his brother (grandmother didnt get a penny). She is also mentally capable of making own decisions but a bit clueless, naive and does whats being told..

Who transferred ownership of her house? And how? Because POA doesn't give anyone the ability to do that. Even if she were incapable of making the decisions, the person with POA can only decide how it's spent, for example on their care. The person who owns the property / money has to be the one benefitting from it. POA isn't a license to help yourself to someone else's property.

PregnancyHormonesss · 07/02/2025 21:12

Elsvieta · 07/02/2025 16:53

Who transferred ownership of her house? And how? Because POA doesn't give anyone the ability to do that. Even if she were incapable of making the decisions, the person with POA can only decide how it's spent, for example on their care. The person who owns the property / money has to be the one benefitting from it. POA isn't a license to help yourself to someone else's property.

exactly…its so messed up. She’s agreed and signed everything without understanding whats going on. She is naive, old person with a cultural background that “woman dont deal with finances”. She hasnt been paid a penny for a house worth a million, house since then has been converted and now upstairs is a flat which is being rented out illegally and she is not getting any money from rent. If she is in uk she stays downstairs. She is staying abroad atm with her son (the one whos got poa) and there is no contact with her for months cause her phone is off and he doesn’t care enough to charge it even though we have asked to get in touch…i am more than sure he is been telling her lies we dont contact and dont call.
house was in her will to be split…will doesnt matter now! Its upsetting. Since he’s taken ownership of the house he has changed the locks and told my husband he is not allowed to stay there (we live quite far so husband was staying there while at work and was handling everything for his grandmom from medical appointments to groceries, before we got married he has been living there for years and helping, not even once them people came to visit own mother!!!)
ring door bell is installed and when family was trying to visit before she left to stay with her son everyone was questioned why are they visiting..people who used to visit every week and were close to her and rest of the family.
we have submitted the form mentioned above, not much we can do right now. She is oblivious, we got documents to prove her she doesnt own the house and what the hell has happened, she said its not true and its her house, she admitted to signing documents without reading, she then says she doesnt care and its a hassle for her so she gave it away to them, they says another thing, often says nothing and just ignores everything.
i do feel sorry for her but we are at the point where there is nothing else we can do and she’s made her decisions and not making it easy for anyone to help.

OP posts:
Elsvieta · 07/02/2025 21:57

PregnancyHormonesss · 07/02/2025 21:12

exactly…its so messed up. She’s agreed and signed everything without understanding whats going on. She is naive, old person with a cultural background that “woman dont deal with finances”. She hasnt been paid a penny for a house worth a million, house since then has been converted and now upstairs is a flat which is being rented out illegally and she is not getting any money from rent. If she is in uk she stays downstairs. She is staying abroad atm with her son (the one whos got poa) and there is no contact with her for months cause her phone is off and he doesn’t care enough to charge it even though we have asked to get in touch…i am more than sure he is been telling her lies we dont contact and dont call.
house was in her will to be split…will doesnt matter now! Its upsetting. Since he’s taken ownership of the house he has changed the locks and told my husband he is not allowed to stay there (we live quite far so husband was staying there while at work and was handling everything for his grandmom from medical appointments to groceries, before we got married he has been living there for years and helping, not even once them people came to visit own mother!!!)
ring door bell is installed and when family was trying to visit before she left to stay with her son everyone was questioned why are they visiting..people who used to visit every week and were close to her and rest of the family.
we have submitted the form mentioned above, not much we can do right now. She is oblivious, we got documents to prove her she doesnt own the house and what the hell has happened, she said its not true and its her house, she admitted to signing documents without reading, she then says she doesnt care and its a hassle for her so she gave it away to them, they says another thing, often says nothing and just ignores everything.
i do feel sorry for her but we are at the point where there is nothing else we can do and she’s made her decisions and not making it easy for anyone to help.

So your husband is her grandson and her son who has persuaded / bullied / tricked her into signing over the house is your husband's uncle? How many kids does she have?

People who have done something silly like this often deny it out of embarrassment.

PregnancyHormonesss · 07/02/2025 22:12

Elsvieta · 07/02/2025 21:57

So your husband is her grandson and her son who has persuaded / bullied / tricked her into signing over the house is your husband's uncle? How many kids does she have?

People who have done something silly like this often deny it out of embarrassment.

Yes correct. She has three sons, estranged with one (my husband’s dad) and two others who were not so interested up to this moment. Both of them are owners of the house now, while one has poa.
also 6 grandkids - estranged with one due to cultural differences, 4 of them living abroad having own lives, and my husband who moved years ago from abroad back to uk and stayed with grandparents to help them (grandfather died few years ago).
will was to give less than 10% to each son, and about 25% to three male grandkids (also cultural). so now neither my FIL and my husband will inherit anything, and when we asked uncles how fair is that, the answer was everyone has own family to take care of and his dad (my FIL) will have own inheritance to pass over one day and apparently some family drama from years ago now being brought up in to the light, but its nothing to do with us directly…

OP posts:
PregnancyHormonesss · 08/02/2025 17:23

Got a reply from OGP…they cannot look into it as she has a mental capacity to make own decisions.
basically she is being lied to and robbed and POA is not acting in her interest at all, clearly in his own interest but they can do nothing just because her decisions are not wise. She can remove POA but why now? She owns nothing, wont get it back.
what a bullshit law

OP posts:
Elsvieta · 08/02/2025 18:21

PregnancyHormonesss · 08/02/2025 17:23

Got a reply from OGP…they cannot look into it as she has a mental capacity to make own decisions.
basically she is being lied to and robbed and POA is not acting in her interest at all, clearly in his own interest but they can do nothing just because her decisions are not wise. She can remove POA but why now? She owns nothing, wont get it back.
what a bullshit law

It's not really anything to do with the POA though. Even if she didn't have capacity, POA doesn't allow anyone to take ownership of someone else's property. This guy has taken ownership because she willingly signed it over to him (which could have happened just the same with no POA). If she isn't mentally ill / disabled she can gift property to who she likes. Not saying she wasn't bullied / manipulated, but the law can't guard against every case of that (especially if the victim denied that's even what happened). It's really crap, but it doesn't seem like there's anything you can do.

PregnancyHormonesss · 08/02/2025 19:24

yeah i get that but poa should be making decisions in favour of the person and this should be controlled.

OP posts:
Elsvieta · 08/02/2025 19:56

PregnancyHormonesss · 08/02/2025 19:24

yeah i get that but poa should be making decisions in favour of the person and this should be controlled.

Right, but what I'm saying is the POA had nothing to do with HER decision to gift her house. POA only kicks in once someone doesn't have capacity. If she made this gift while she did still have capacity, it makes no difference whether this guy has POA or someone else does, or nobody does. If you, for example, had had POA, you couldn't have stepped in and stopped her making the decision, unwise though it may be. POA has nothing to do with what's happened here, one way or the other.

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