Land Registry - Cancel a restriction?

obi1_2

I am trying to remortgage my property which I purchased 2 years ago but have been informed by the solicitors acting for the lender that there is a restriction remaining on the title dated 2007 which needs to be removed before proceeding.

The restriction relates to the previous owners who separated. I think one partner moved out of the property and had a restriction added to the title in this wording…

“No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name] at [address].”

I have contacted the solicitor who acted for my purchase, and they concede that they hadn’t done anything to ensure the restriction was removed when I purchased which is subject of formal complaint. However they are saying they need to contact the sellers solicitor above as to remove the restriction requires consent from the restriction owner to have it removed. My concern is that this was started weeks ago and we are no further with any response from their solicitor and what if the other party cannot be contacted to consent?

My question is whether there is another way to get the restriction removed at the land registry? as I found on their website, is this an option as I feel the restriction was applied for under a particular set of circumstances which is no longer relevant and previous owners have no interest in the property anymore.

4.7.2 Applications to cancel a restriction
Cancellation is the term used in r.97, LRR 2003 to refer to an application to cancel a restriction that is no longer required.
Any person may apply to cancel a restriction. The application must be made in form RX3 and no fee is payable.
We will cancel the restriction if we are satisfied that the restriction is no longer required. The application must be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, we will usually notify them of the application and give them an opportunity to object to the application before cancelling the restriction.

obi1_2

Ok will do. Although I did phone customer services the other day and all they would really say it could be removed using the RX4 with permission from the restriction owner. Obviously my concern is what if this person doesn’t respond, moved abroad, died etc, is this is a circumstance where we can apply for a cancellation? What are the implications if I want to sell (I assume not good if I can’t remortgage)? This is causing me and my wife much stress.