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We receive a lot of calls from the public about; What is a form J restriction?
A Form J restriction is an entry at the Land Registry, made on the application of the trustee, against a property that is jointly owned by a bankrupt. It is a record of the trustee's beneficial interest in the property. It means that the Land Registry must notify the trustee of any dealings in connection with the property.
A Form J restriction is different from a charge, which relates to a claim for a specific amount of money.
A bankrupt's legal interest in a jointly owned property does not transfer to the trustee. So a bankrupt and the co-owner can still sell the property, but the trustee must be paid the value of the beneficial interest from the sale proceeds.
The Form J restriction will only be removed when the trustee has been paid his beneficial interest in the property.
If the property is sold, the trustee will make a claim against the property..
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