Property Title Restriction Insights

Summary

A restriction on a propertys title indicates that the beneficial interest is held as tenants in common, preventing a sole proprietor from disposing of the property without court authorization. For a buyer to be bound by covenants in a missing conveyance, the covenants must be fully stated in the Charges Register. If a road adjacent to a property is not maintained at public expense, the property owner may need to contribute to its maintenance. Understanding these legal nuances is crucial for property transactions.

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The correct statement is:
- The restriction reveals that the beneficial title to the property is held as tenants in common.
This type of restriction is typically placed on properties where the beneficial interest is held as tenants in common, ensuring that a sole proprietor cannot dispose of the property without a court order.
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QUESTION * You are investigating the title of * Marlborough Way, Hereford on behalf of your buyer client. Entry * of the Proprietorship Register states the following: “(* September *) 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.” Which ONE of the following statements is CORRECT? A. The restriction reveals that the beneficial title to the property is held as joint tenants. B. The restriction reveals that the legal title to the property is held as tenants in common. C. The restriction reveals that the beneficial title to the property is held as tenants in common. D. The restriction reveals that both the legal and beneficial title to the property are held as tenants in common.
The correct statement is:
C. The restriction reveals that the beneficial title to the property is held as tenants in common.
This type of restriction is typically placed on properties where the beneficial interest is held as tenants in common, ensuring that a sole proprietor cannot dispose of the property without a court order.
Do you need any further assistance with this matter?
QUESTION * You are acting on behalf of a buyer of a freehold retail property. You are investigating the title of the property. Entry * of the Charges Register states that a conveyance dated * October *, made between Edward Charles Rigley (*) and Euan Andrew Palenbella (*), contains restrictive covenants. The Land Registry does not have a copy of this conveyance. Which ONE of the following statements is CORRECT? A A buyer would be bound by the covenants contained in the missing conveyance, because the Charges Register refers to them B A buyer would not be bound by the covenants contained in the missing conveyance, because the terms of the covenants cannot be ascertained. C A buyer would be bound by any covenants relating to the Property. D A buyer would only be bound by the covenants contained in the missing conveyance if the covenants had been stated in full in the Charges Register
The correct statement is:
D. A buyer would only be bound by the covenants contained in the missing conveyance if the covenants had been stated in full in the Charges Register.
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QUESTION * You are acting on behalf of a buyer of a freehold retail property. You are investigating the title of the property. Entry * of the Charges Register states that a conveyance dated * October *, made between Edward Charles Rigley (*) and Euan Andrew Palenbella (*), contains restrictive covenants. The Land Registry does not have a copy of this conveyance. Which ONE of the following statements is CORRECT? A A buyer would be bound by the covenants contained in the missing conveyance, because the Charges Register refers to them B. A buyer would not be bound by the covenants contained in the missing conveyance, because the terms of the covenants cannot be ascertained. C . A buyer would be bound by any covenants relating to the Property. D A buyer would only be bound by the covenants contained in the missing conveyance if the covenants had been stated in full in the Charges Register
The correct answer is:
D. A buyer would only be bound by the covenants contained in the missing conveyance if the covenants had been stated in full in the Charges Register.
This is because the specific terms of the covenants need to be known to be enforceable against the buyer.
Do you need assistance with anything else?
QUESTION * You have been instructed by Prouse Productions Limited (“Prouse”) to act on its behalf in the purchase of *-* Deptford Road, Deptford, London (“the Property”). You have submitted the relevant searches and have now received the results to the CON29. The search result reveals that a road which is next to the Property is not maintained at public expense. Which ONE of the following statements is CORRECT? A Prouse may have to contribute to the cost of maintenance of the road. B There would be no concerns from Prouse’s point of view. C Prouse definitely has a right to use the road for access. D Prouse cannot be asked to contribute to the cost of bringing the road up to the local authority’s standard if it decides to adopt the road.
The correct statement is:
A. Prouse may have to contribute to the cost of maintenance of the road.
Would you like more details on how this might affect the purchase or any other related concerns?