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Invalidating Contract with Estage Agent - Property Register Question

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  • Invalidating Contract with Estage Agent - Property Register Question

    Hi,


    I am a property owner in the UK who has signed a restrictive contract with an estage agency I wish to terminate.

    I believe the contract may in fact be invalid, or non-legally binding because of a clause in the Property Register which seems to preclude me offering the property for sale without my a third parties consent (it was bought with the third parties money).


    This is under the following section


    B:Proprietorship register

    This register specifies the class of the title and identifies the owner. It contains any entries that affect the right of disposal.


    Title absolute


    1 - (date) (name) of (address)


    2 - (date) (price paid)


    3 - (date) RESTRICTION : No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by (name) of (address)


    4 - (date) The covenant implied under section 4(1)(b) of the Law of the Property (Miscellaneous Provisions) Act 1994 in the disposition to the proprietor is modified.


    End of Register


    I'm wondering if this invalidates any contact I signed as I did not have the written consent (or any consent for that matter) when I signed the contract.


    I'm guessing it's in the interpretation of "disposition" which I am hoping includes the signing of contracts relating to the sale of the property.



    Many thanks for reading.


    Mr. Woodington

  • #2
    Re: Invalidating Contract with Estage Agent - Property Register Question

    You are clutching at straws!

    The clause says:

    No disposition of the registered estate by the proprietor of the registered estate is to be registered
    This is simply about registering a transfer of ownership at the Land Registry, not about initially offering it for sale.

    This looks like a leasehold property or at least one where some kind of service charge is payable. This sort of restriction is often entered so that the buyer first has to do something to obtain the consent of the third party. It usually says in the lease or other deed that if you do whatever is required they must issue the consent. The action is usually something like sending a notice of transfer giving details of the buyer and his mortgage or entering into a deed of covenant with a managament company or freeholder.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Invalidating Contract with Estage Agent - Property Register Question

      Thank you Richard for your time and opinion on the matter. I am inclined to agree I am clutching at straws, however just one may be enough to break the camels back.

      Best Regards.

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