Restriction on Title?

Restriction on Title?

8:48 AM, 24th March 2023, About A year ago 8

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Hello, I could do with some advice. I have a restriction on one of my BTL properties in favour of one of my investors, e.g., No disposition of the estate without the written consent of investor X…..

The restriction was registered when the investor lent me £50K as a long term investment/loan to my property business. This investor has since died in Malta. Her beneficiary, the husband, will be due the monies that she lent to me. He also invests with me and is in no rush for the loan to be repaid.

However, my concern is that this restriction remains on my property title and I can’t get it removed. The reason for this is that the probable process was never required for the husband to acquire her estate.

Apparently the Maltese solicitor deemed that he was a lawful executor and consequently no probate process was undertaken in the UK.

Land Registry inform me that to remove the restriction I need to show Grant of Probate because the husband, despite being her executor, is just a third party in their minds.

I would appreciate any advice.

Many thanks,


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Judith Wordsworth

11:44 AM, 24th March 2023, About A year ago

Until you have paid this off it can’t be removed.
In many European countries there are laws and customs re inheritance. As your “lender” was not resident in this country there was no need for the husband, also not resident here to go through probate.
Can you repay the loan?


13:53 PM, 24th March 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 24/03/2023 - 11:44
Is the restriction registered against the property register or charges register?

David Houghton

20:25 PM, 24th March 2023, About A year ago

In any event you won't get the restriction removed till you repay the loan Pretty sure theres time limits for probate too. Probably the only way you are going to sort this is to offer to repay the loan if they agree to release the restriction, which will also include applying for UK probate or if he didn't have a UK will letters of administration. The beneficiary's will soon take action if money is coming their way

Amen Bundred

13:49 PM, 25th March 2023, About A year ago

As they have no UK executor you can serve a notice to the address in the dead person's name/ to the executor of the estate of. Send a copy to the government department and after a set period they issue the paperwork that land registry require to remove the dead person's name. You have to buy the original paperwork a photo copy is not accepted. It costs about £40 from memory. Just Google tenants death without executor. That's what I did.

Claire Bartley

11:24 AM, 28th March 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 24/03/2023 - 11:44
Yes I can repay the loan, but that's not what Land Registry are interested in - it's not a "Charge" on the property its just a restriction requiring the persons consent if I chose to dispose of the asset. Their involvement is just the Restriction, which they say the executor cannot authorise the removal of because in their eyes he's not the executor (due to lack of UK probate) and therefore to give him that legal standing we have to go through the probate process. They have no interest in the loan itself, in fact the loan isn't mentioned at all on the land registry title docs.

Claire Bartley

11:30 AM, 28th March 2023, About A year ago

Reply to the comment left by David Houghton at 24/03/2023 - 20:25
They agree to release the restriction with or without the loan repayment. Repaying the loan isn't the problem here - it's Land Registry's unwillingness to acknowledge that the husband is the legal beneficiary/executor, as there was no UK probate process. The husband signed the release of restriction document (RX3) but Land Registry wouldn't accept it.

Claire Bartley

11:34 AM, 28th March 2023, About A year ago

Reply to the comment left by Amen Bundred at 25/03/2023 - 13:49There is a UK executor, the husband, but he didn't need UK probate as the wife's assets were based overseas. Joint accounts held with UK banks didn't require formal UK probate apparently - the banks were happy with the documentation provided by Maltese authorities. Whereas Land Registry wont accept that documentation.

Claire Bartley

11:37 AM, 28th March 2023, About A year ago

Reply to the comment left by Mary0000 at 24/03/2023 - 13:53Property register, no legal charge (no Charge registered, loan not even mentioned on the Title Doc)

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