Dealing with a complex restriction on a title.

Property 1

TRANSACTION DETAILS

This transaction involved a long chain and complex issues.

DELAYS

Due to the complexity of the transaction and the removal of the Restriction, delays were inevitable.

SUCCESSFUL COMPLETION

Despite delays and a lengthy chain, the client was pleased that the matter completed on schedule and within the original timescales.

The Problem

Dealing with a sale of a property, a restriction had been placed on the title information document some time ago, restricting the property from being sold without consent from the owner of a Corn Rent Charge. A Corn Rent Charge is a historic church tax that was originally paid in crops. While the practice of paying in produce no longer exists, references to Corn Rent Charge may still remain in historical property records.

The Solution

This being said, the Restriction does stop the property being sold without obtaining consent. The problem arose in that due to the age of the restriction, it would be problematic obtaining this consent and the rent had never been demanded from our client.

The Outcome

In this particular case, our client had owned the property for more than twenty years and was able to provide a Statutory Declaration confirming that the Corn Rent had neither been demanded nor paid during their period of ownership. This enabled us to pursue a course of action under the Corn Rents Act 1963.


By completing the required documentation, we were able to apply to the Land Registry for the removal of the restriction from the register, thereby allowing the sale of the property to proceed.

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TRANSACTION DETAILS

This transaction involved a long chain and complex issues.

DELAYS

Due to the complexity of the transaction and the removal of the Restriction, delays were inevitable.

SUCCESSFUL COMPLETION

Despite delays and a lengthy chain, the client was pleased that the matter completed on schedule and within the original timescales.