SQE Daily.

Form A restriction and a sale by a surviving co-owner (registered title)

You act for Callum Reid, who is buying a registered freehold house in Bristol for £390,000. The official copies show Joan Petrie and Helen Okafor as registered proprietors, and the proprietorship register contains the standard Form A restriction: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court." Helen died last year. Joan is selling the house and has produced Helen's death certificate. Helen's will appoints her son, Daniel Okafor, as executor; he has not been appointed a trustee of the legal estate. Joan does not claim to have become solely beneficially entitled.

What should Callum's solicitor require in order to obtain good title and register the transfer?

Choose one answer to see the reasoning.

  1. Land Law · FLK2No. 25

    Overreaching on payment to two trustees and a beneficiary in actual occupation (LPA 1925 ss.2 and 27; City of London BS v Flegg)

    Which of the following best describes Margaret's position against the bank?

  2. Property Practice · FLK2No. 07

    Priority period of an official search of registered land (OS1)

    Which of the following best describes the protection the official search gives the buyer?

  3. Property Practice · FLK2No. L204

    Length of title an unregistered seller must deduce (LPA 1969, s.23)

    Which of the following best describes the title Grace must deduce?