Rx3 form - urgent help needed

Flower4156

Many thanks for your reply. We would like to sell the property on mum name as executors of the will together with my sister. You are right - the leasehold is against freehold on the title. Dad seems lost the original leasehold document long time ago. What do we do now with all of it?

Many thanks

xylophone

Time to see your solicitor?

Land_Registry

Flower4156 wrote: »

Many thanks for your reply. We would like to sell the property on mum name as executors of the will together with my sister. You are right - the leasehold is against freehold on the title. Dad seems lost the original leasehold document long time ago. What do we do now with all of it?

Many thanks

xylophone is quite correct but we should be able to cover some of the points you would need to discuss or get help on.

As far as the form A restriction is concerned if you are selling as executors then there should be nothing further to do with regards the restriction on the registered title.

As mentioned it restricts the surviving joint owner so as both are now sadly deceased it will not restrict you as the executors. Probate will provide the legal authority to sell and any 'capital monies' (the sale price) would need to be dispersed as per the will/beneficiaries wishes.

So, to clarify and based on what you have posted here, there should be no need to complete form RX3.

The noted lease seems therefore to now be the greater issue and it reads as if you will need to make an application to have it removed using form CN1. The form is simply the application form and it is the supporting evidence that is the crucial part here and this is where a solicitor will be able to assist you.

In essence you will have to demonstrate the basis on which the lease can now be 'determined'. That appears to be because your Dad acquired it in some way so you would need to prove that is indeed what happened. Whilst lodging the actual lease can be important it is evidence of his acquisition that is likely to be crucial.

Flower4156

Many thanks for your replies.
Some news today. Our solicitor has just now miracuosly found the original lease papers. Knowing our circumstances could you please advise us step by step what we should do, what forms we can and should fill in order to prepare the property for sale.
Kind regards

Flower4156

Just been to the Land Registry.
They say we will only need to fill AP1 and CN1 form. We do not need to register the leasehold but only remove it. Is this right? If yes do we need to provide anything as evidence?
It appears we need to apply for probate for the last person name only. if it is correct- we do not need to fill forms DJP, RX3?
Could anyone guid us as we have got not very helpfull solicitor.
Thanks again

Land_Registry

Flower4156 - we would need form CN1 along with the documents of title to the determining leasehold interest, listed on a form DL (in duplicate), showing satisfactory evidence of title to the unregistered lease. Include the lease itself as well.

If the solicitor has uncovered the documents of title then those along with the evidence to show how your parents acquired it should suffice.
The lease is already noted on the freehold register so there should be no requirement to register it in it's own right now.

Probate would be required for the last surviving owners to enable the executor(s) to then sell the property. If you then intend to sell then you should not need to register the death (form DJP) or remove the restriction (form RX3). You would though need to provide the buyer's with an official/certified copy of your father's death certificate and mother's probate to confirm both deaths and the legal authority for the executors to then sell.

The only piece which does not make sense is the mention of form AP1 here but I don't know what conversation you had when you visited us and whether any other detail was provided for example. Do you recall?

Form CN1 is an application form in it's own right. Form AP1 is a standard application form used to submit other documents requiring registration for example your buyer would use it to submit the purchase documents. It is not required used when using form CN1.

Flower4156

Thank you, thank you, thank you. It is all very clear now. Do we need to fill in form DL together with CN1?
AP1 form was mentioned by our solicitor together with RX3 and DJP forms which we understand now not needed.

Land_Registry

Yes - a form DL plus copy. The form DL simply lists the supporting documents re the leasehold interest. We keep the form and return the copy so as there is a record of what docs were lodged/retained/returned. It is normally used when making a first registration application but is also used with form CN1 in this example.

Forms RX3 and DJP are application forms in their own right, as is a form CN1, so would not need to be accompanied by an AP1. If one was lodged though and simply referred to the other forms it would make no difference to the application but why complete something you don't need to.

Flower4156

Dear Land Registry Representative,
We did everything exactly as you advised.
Despite all of it, we have today received all the documents back from the Land Registry: For merger to take affect both freehold and leasehold estates have to be on the same ownership and held in the same capacity. As neither titles Re held and a freehold title has a form A restriction and the leasehold appears to be held as beneficial joint tenants, merger cannot be affected.
That was it. I do. It understand where we have gone wrong? Please explain.

Flower4156

Please answer as we are really frustrated now. We do not know what we had to do in the first place. We filled CN1 form and DL form. Added copies of lease, mortgage, death certificates. What else we needed?

Many thanks