house and land

hello anyone i have a question my sister in law has just left a relationship after 16 yrs he has been violent and after 3 weeks in hiding she has gone basck to the family home with an order not letting him near her or the house a letter was at the property from his solicitor saying he was granted a section 34 (2)a land reistry act under the family law act 1996 in relation to the property which she owns solely what does this mean thehouse has approx i acre of land


thanks

34 Entry on application

(1) A person who claims to be entitled to the benefit of an interest affecting a registered estate or charge may, if the interest is not excluded by section 33, apply to the registrar for the entry in the register of a notice in respect of the interest.

(2) Subject to rules, an application under this section may be for—

(a) an agreed notice, or

(b) a unilateral notice.

(3) The registrar may only approve an application for an agreed notice if—

(a) the applicant is the relevant registered proprietor, or a person entitled to be registered as such proprietor,

(b) the relevant registered proprietor, or a person entitled to be registered as such proprietor, consents to the entry of the notice, or

(c) the registrar is satisfied as to the validity of the applicant’s claim.

(4) In subsection (3), references to the relevant registered proprietor are to the proprietor of the registered estate or charge affected by the interest to which the application relates.

What is basically means is that he is registering a legal interest on the land. If your sister in law tried to mortgage or sell the land, he would have to be consulted, prove his claim and give his permission for the transaction.

The husband's solicitor is effectively putting a hold on the sister in law doing anything with respect to disposal of the land.

Pretty standard practice in relationship breakdown where one party or the other is batting on a sticky wicket, or believes the other might do something hostile.

Mike

thanks for that information is there any way around this?


thanks once again nigel

Negotiate with him. I am guessing that the land is part of assets of the relationship. If you want the charge lifted, you will have to buy him out, so he no longer HAS a legal interest in the property.

Is he on the deeds? If not, and it is in SIL's name, and they are not married, then maybe he has no claim on it.

Either way, you will have to get in touch with Land Registry to challenge his claim.

Mike

thanks they are married hes not on the deeds and the house and land is in her name , he has just had to sign an agreement to stay away from her and the house after a violent dispute so i can see why he has done this but i wasnt sure he could stake this type of claim when he didnt own it in the first place, it looks like he will want blood ..... not nice thanks again i will pass the information to her...........

It isn't that straight forward I'm afraid. Even though someone isn't named on the deeds of a property they may be able to establish a beneficial interest and claim a share of a property if they have contributed to the mortgage or paid for house improvements etc.

The law relating to property ownership is complicated and your SIL would be well advised to seek legal advice about the individual circumstance and if necessary negotiate to avoid expensive litigation.