Land Registry - can anyone tell me what this means?

[MiniSchnauzerMum]

My Dad died a few years ago and I recently updated the land registry on my Mum’s behalf as she is now the sole owner and beneficiary of the house they shared.

Will the restriction referred to in the letter be an issue if we need to sell the house and do we need to get it removed? Photo of the letter attached.

Thanks!

"The restriction will no longer be required if the remaining registered owner has also become the sole beneficiary, and
nobody else has a beneficial interest in the land."

Was your mother registered as an owner of the house before your father died? If she was then you just prove that and you are all good. If your mother wasn't mentioned on the registry then you will need to find out how to change this. The email helpline on the Land registry website is very good, helpful and efficient, you can get direct information from them.

Yes they were both registered and we just removed my Dad’s name.
Thanks so much for your help.

Did your Dad’s will leave his share of the property to your mum or a life interest?

Looks like they were tenants in common and not joint tenants so your dad's share of the property would have passed under his will/ intestacy and not automatically to your mother.

What does his will say? If he died without a will you will need to follow the intestacy rules https://www.gov.uk/inherits-someone-dies-without-will

Was it intentional? It may be how your parents set up their wills, leave their share to children with a life interest to their spouse - a lot of people do that now due to care home fees. You should get advice before doing anything.

If your mum is the sole legal and beneficial owner then you can remove the restriction - the Land Registry will tell you which forms (RX3 and ST5 if my dusty memory serves me right - it has been a while!).
Or if she sells with the restriction on the title she will need to appoint a second trustee to overreach the trust so the buyer takes free of any beneficial interest (it vests in the money paid instead) - any conveyancer would be able to help.

They were tenants in common and my Dad left everything to my Mum in his will.

That explains the note on the register. It is used for tenants in common. I think as your Mum is now the sole owner you can get the restriction removed.

Yes you can apply for the restriction to be removed. You will need to provide a copy of your father’s death certificate along with the will confirming that his share was meant to be transferred to your mum. When you go to sell the purchasers solicitors will raise an enquiry to have the restriction removed prior to exchange of contracts. When you completed a TR2 for a transfer of title did your solicitor not mention this restriction? Seems like an oversight on their side. Can you contact them for clarification?

We didn’t use a solicitor when my Dad died as we thought it was all very straightforward. I don’t think a TR2 form was ever completed, I obviously need to look into this in more detail!

Thanks for all the help.

You don’t need to have the restriction removed before you sell. It can be dealt with by adding wording to the Transfer. It’s not unusual.

Thank you, that’s reassuring.

Don’t worry about this. It’s a joint proprietor restriction and is one of the most common restrictions on a register. Basically, if the property is sold, someone else needs to be appointed (in addition to the owner) to sign the transfer document. It’s a simple thing to do.

It’s standard and pretty basic stuff and generally there’s no need to get these restrictions removed from the register.

Great, thank you!