Restriction on title: top tips for private client and property lawyers

Restrictive covenants

Understand the various restrictions on title that executors, trustees, attorneys and deputies, may need or come across and how to deal with them.

Our speakers discussed different scenarios such as: 

  • If I am a deputy or attorney, what restrictions might be wanted or needed to be put on the property to protect the client?
  • What restrictions are needed for Trustees?
  • What executors and personal representatives need to add to the title?
  • How to deal with the common restrictions when the property is being sold.
  • What the land registry will allow you to record on the title now and how to protect interests given this.

Learning objectives

SRA Competencies A1

  • Understand the common restrictions needed.
  • Learn how to remove them on sale.
  • Understand how to protect the title on death or in the event of mental incapacity.

The speakers were:

  • Philip Askew, Partner, Stone King and Member of the Law Society’s Property Section Advisory Committee
  • Sarah Cookson, Director & Solicitor, Switalskis Solicitors and Member of the Law Society’s Property Section Advisory Committee
  • Fiona Heald, Court of Protection Senior Solicitor, Giles Wilson LLP and Member of the Law Society’s Private Client Section Advisory Committee

This webinar was recorded on 3 December 2024

 

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