What action would you need to take in respect of the Unilateral Notice to enable you to satisfy the buyer's lawyer?

• A. Check what the Unilateral Notice relates to, obtain a copy of the contract, contact the beneficiary, and, if possible, remove before exchange or undertake to remove on or before completion; the client may apply to Land Registry for cancellation.
• B. Ignore the Unilateral Notice and proceed with exchange.
• C. Cancel the sale unilaterally.
• D. Submit a new Unilateral Notice against the buyer.

Answer: (A)

A Unilateral Notice protects a third party’s potential or contingent interest in the property by appearing on the register, which means the buyer’s title isn’t guaranteed free of interests until that notice is cleared or removed. To satisfy the buyer’s lawyer, you should first establish exactly what the Unilateral Notice relates to and who the beneficiary is. Then obtain a copy of the contract or terms that give rise to that interest, so you can see what the third party is entitled to and under what conditions their interest might be released. Contact the beneficiary to discuss release or cancellation of the UN, and, if possible, arrange for the UN to be removed before exchange or to be removed on or before completion by undertaking to do so. If the interest is resolved, the client can apply to Land Registry for cancellation of the UN. This approach addresses the risk the UN poses to a clean transfer and provides a clear path to satisfying the buyer’s lawyer. Ignoring the UN, cancelling the sale unilaterally, or proposing a new UN against the buyer would not protect the buyer’s position or resolve the title defect.