removing anti-fraud restriction from Property Register

JoeKIng

Newbie here. I'd be grateful if a property solicitor or one of those nice people from the Land Registry cd help me with filling in RX 4 ( or should it be RX3 - I am the sole proprietor of a long leasehold flat; there is no mortgage though the interest of the Freeholder is registered) in order to remove the restriction below

No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

My question is that Practice Guide 19 says that "Where the application to remove the restriction is made by or with the consent of the people having the benefit of the restriction, application should be made to withdraw the restriction using form RX4" - but I'm not clear whether apart from me, if there is anyone else who is deemed to have that benefit - eg my freeholder of the block that I live in ( I am the leasehold owner of the flat) - the freeholder's interest is mentioned in Part B of the Register as having to consent before I can dispose/ transfer of the property. Also do I have to get a certificate from a conveyancer as mentioned in the original restriction?

What evidence if any do I attach with Form RX 4 (or is it RX3) to satisfy the Land Registry to get the restriction removed? Thank you in anticipation

Cakeguts

You should be able to answer all of these questions from when you had the restriction put onto the property.

steampowered

Why would you want to remove the restriction? Wouldn't it be easier to comply with it when you sell?

JoeKIng

because the restriction requires you to get a certificate from a solicitor when I come to sell the flat, and many of them refuse to grant them (unless they acted for you when you originally bough the property) because it exposes them to risk. A classic case of "unintended consequences".

SmashedAvacado

Ignore me - i misread the restriction

SmashedAvacado

The restriction requires a seller to get a certificate signed by a conveyancer (which could be their conveyancer) that that conveyancer is satisfied that the seller is the seller and is the person who signed the sale transfer

Solicitors are already under a duty to know who their client is
But signing this means that if there has been a fraud (for example a fake passport), it becomes the seller's solicitor's liability automatically. Is that fair? Should solicitors have to become experts in spotting fake passports?

Land_Registry

JoeKIng wrote: »

Newbie here. I'd be grateful if a property solicitor or one of those nice people from the Land Registry cd help me with filling in RX 4 ( or should it be RX3 - I am the sole proprietor of a long leasehold flat; there is no mortgage though the interest of the Freeholder is registered) in order to remove the restriction below

No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

My question is that Practice Guide 19 says that "Where the application to remove the restriction is made by or with the consent of the people having the benefit of the restriction, application should be made to withdraw the restriction using form RX4" - but I'm not clear whether apart from me, if there is anyone else who is deemed to have that benefit - eg my freeholder of the block that I live in ( I am the leasehold owner of the flat) - the freeholder's interest is mentioned in Part B of the Register as having to consent before I can dispose/ transfer of the property. Also do I have to get a certificate from a conveyancer as mentioned in the original restriction?

What evidence if any do I attach with Form RX 4 (or is it RX3) to satisfy the Land Registry to get the restriction removed? Thank you in anticipation

The application is made in form RX4 by all the registered proprietors, or by the proprietor(s) who originally applied to enter it. The application should be accompanied by a certificate from a conveyancer in the form set out in the restriction.

The freeholder would only be involved if they were one of the registered proprietors on the same title, which they are not it seems

JoeKIng

Thank you Land Registry but the requirement to get a certificate from a conveyancer is the nub of the problem - many solicitors do NOT want to provide the certificate because, as Smashed Avocado , points out, it exposes them to risk, in situation where the alleged proprietor may be a con artist (so to speak).
Can I not file an RX4 without a certificate from the coneyancer?

Amitmoney

Hi there,
I am in same situation and the problem is the solicitor who acted previously is asking the same certificate. I would be interested to know if you managed to solve this problem and how. Thanks

davidmcn

Amitmoney wrote: »

the solicitor who acted previously is asking the same certificate. I would be interested to know if you managed to solve this problem and how.

I don't have a solution, but I'd be asking pointed questions about why they allowed that to be registered if they don't have a solution for returning clients. Didn't they check your ID for the original transaction? If so, why can't they match it up with your current ID?

Amitmoney

Land_Registry wrote: »

The application is made in form RX4 by all the registered proprietors, or by the proprietor(s) who originally applied to enter it. The application should be accompanied by a certificate from a conveyancer in the form set out in the restriction.

The freeholder would only be involved if they were one of the registered proprietors on the same title, which they are not it seems

Hi there,
Recently I contacted land registry through private massage and asked about process of removing counter-fraud restriction (same as shown in this opening thread) - My property is a freehold and there are no other beneficiary than us. It was suggested to that I should fill RX3 form and send it to land registry and I do not need any other documents (certificate from solicitor or ST5 form etc). Could you please confirm if it can be done this way.
Your response and suggestion will be much appreciated.
Thanks