Terms & Conditions

[irene lowe]

H.B claim – property purchased by parents for their daughter’s occupation, have requested land registry to confirm this however the property has a restriction on it saying:
No disposition by the proprietors of the registered estate is to be registered unless they make a statautory declaration, or their conveyancer gives a certificate, that the disposition is in accordance with a seetlement deed which is in favour of the claimant – we have asked for sight of the settlement dded but it has not been provided – could this be considered as liablity to a trust of which the claimant is a beneficiary

Does anyone know the difference between a settlement fund and a trust fund?

[peterdelamothe]

I think this might give a clue?

“Structured settlements are legal settlements where the plaintiff receives a periodic payment for a specific period of time, rather than just one lump sum payment. Structured settlements are becoming increasingly common in a wide variety of legal cases, but most often in injury cases”.

You would need the actual deed document as I am guessing this is some form of multi-settlement agreement.

[irene lowe]

Sorry Peter, non the wiser – already understood the basis of a settlement but don’t understand how this would be approached when sited as a restriction on a property – would it be the same as having an interest in the property which is being occupied

[petedavies]

Not sure about this, the memory is failing, but…

I am pretty certain that a settlement deed is usually used as a vehicle to reduce exposure to capital gains or inheritance tax.

I think…. A trust can be a sub-species of a settlment but not the other way around and that, generally, a settlement operates as a trust.

Conjecture on my part – your claimant is either the beneficiary of a trust or a beneficial owner of the property. – The parents have “gifted” an interest in the property to their daughter.

As well as getting a copy of the deed paperwork you should also look at how the parents purchased the property and who the vendor was. I’m even less sure about this bit but the daughter could have gifted it to her parents and sought to maintain control. To do this legitimately she would then have to pay the full market rent but, hey, why not if it will be met by HB!

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