Land Registry questions

Yellymar

I thought RX3 was used to cancel a restriction if you are not the beneficiary, but surely we are, and so RX4 should be used?

Land_Registry

Yellymar said:

I thought RX3 was used to cancel a restriction if you are not the beneficiary, but surely we are, and so RX4 should be used?

You can’t withdraw certain types of restriction such as a form LL. A beneficiary (the restrictioner) arises in other types of restriction where an individual’s consent is required. 

That’s not the case here as the conveyancer provides a certificate. You are not supplying your consent. 

Yellymar

Thank you for clarifying and responding so quickly. Our previous conveyancer is in the process of producing a certificate of compliance in order for us to proceed with the remortgage without further delay, which we will then send off to our new lenders conveyancers. Can we also use this certificate in conjunction with the RX3 or would they need to produce a different certificate as well? If so what would you need?

Yellymar

Do we actually need a conveyancer for any of this? Are we able to complete the ST5 form ourselves, if this is what you are referring to, and also complete the RX3 form ourselves as well, or do we actually need them to do this on our behalf? Thanks again.

Land_Registry

The certificate needs to support whatever is being applied for. 

As you want to cancel it you need the certificate to support your RX3 application. And your RX3 needs to be completed by each registered owner. The conveyancer then needs to provide the certificate to confirm as the wording explains. 

You don’t need a form ST5
I’d suggest checking with your lender re their requirements first. And then decide what the certificate needs to refer to and what application you or the lender/conveyancer makes 

Yellymar

Hi LR

I've now been able to check with our current lender, they are satisfied that there is nothing they specifically require and there's no warnings on our account etc. On my recent email from MoneySavingExpert, there was something written at 10:53 which started and was cut off, and I am unable to find the rest of your message - please see what I have below

'If you are trying to remortgage then the certificate should be lodged with that application. The form LL would be left on the register. However you seem to wan…'

I assume we still need a conveyancer to write a statement to say what we are intending to do, and it's not something we can do ourselves?

Basically, I want to know what the cheapest way of removing the restiction on our property is, so we can continue with the remortgage process.

Thanks

Land_Registry

The ‘cheapest’ is only needing one conveyancer’s certificate that covers what you choose to do. Cancel it on its own first Or remortgage, comply with restriction and cancel it together. 

You can’t provide your own certificate as that’s not what the restriction requires 
The previous comment I edited in an effort to explain but apologies as clearly failed 

jcrlikes

Hi, we our currently selling our house. It was built and purchased in 2017. However land registry is showing it has 2018. How long would this take to correct? And how do we go about it? Thanks

Land_Registry

jcrlikes said:

Hi, we our currently selling our house. It was built and purchased in 2017. However land registry is showing it has 2018. How long would this take to correct? And how do we go about it? Thanks

A few weeks wait normally - use our contact form to report the error 
https://www.gov.uk/guidance/contact-hm-land-registry

dougaldog123

@Land_Registry

Hi looking for some advice.

We have been involved in the most protracted house purchase  imaginable - it’s been a year so far, and still going. It has involved a complicated probate and now application to the land registry (all not on the hosue we’re buying may I add - it’s the house at the end of the chain)

The solicitor at the end of the chain has said they have applied to the land registry to remove a private charge, with a Ds1 signed by executor of deceased to whom the charge refers to. It was expedited due to it being chain dependent. My understanding is that the land registry sent a letter asking for permission to the executor before Christmas, and this was returned in between Christmas and new year. This notice had a deadline of 17th of January to receive any objections before the charge was removed. We were told the charge would be automatically removed the day after if no objections were received. We are now being told there are delays at the land registry and it could take an undetermined  amount of days.

 My question is how long is it likely to be before the title is updated abs charge removed? We have been waiting a year I don’t know how much longer I can cope with the unknown.

Many thanks

Holly