Entry of Unilateral Notice to Prevent Sale

Trusts Discussion
1

My client is considering bringing a claim challenging the validity of a will on the basis of undue influence and want of knowledge and approval. He is the executor under the earlier will. Probate has already been granted. I want to ensure that the property is not sold prior to my client’s claim being resolved. My thoughts are that I could enter a Form N restriction and a Form II restriction. Can I also enter a unilateral notice? I was not sure as notices cannot be entered to protect interests under a trust, and, as my client is not currently the registered proprietor, I thought that, perhaps, his current interest is only a beneficial interest under a trust.

2

If you enter a Land Registry Alert against the title you will have sufficient notice of any adverse activity.

Julian Cohen

Simons Rodkin

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3

The land registry might register it. However they may not. They may treat “considering bringing a claim” and a notice sent to them and a notice pending a live claim before a court differently.

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4

Hi Julian,

Thank you for your advice. I have placed an alert. However, two things are not clear to me:

  • from my reading of the Land Registration rules, it seems all the Land Registry are going to tell me is that an application to update the register has been made, but not what type. That does not seem particularly useful as I am only interested in preventing a disposition for value;

  • it is also not clear to me what steps I should take once I find out there is disposition that I wish to prevent from being registered. I was thinking one would obtain an injunction against the registered proprietor. However, I can’t see how an injunction preventing the proprietor from doing something could have any bearing on whether the Land Registry would register an application. How do I prevent the Land Registry from registering the transfer?

Thanks for your help,
The Legal Beagle

5

Hi Beagle,

The purpose of the Alert is only to let you know that some crook is about to sell the property. The purchaser will (it is to be hoped) make a search, and that is what you will be notified of. At that point you have to leap into action and institute proceedings.

Julian Cohen

Simons Rodkin

1 Like