Land Registry Restriction Question

JSmith9201

Hello,

I'm in the process of remortgaging my house and have come across an issue with some restrictions which were placed on the property register. The restrictions read as:

RESTRICTION: 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 the conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registere charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by the proprietor for the time being of the Charge dated DAY MONTH YEAR in favour of ORIGINAL LENDER referred to in the Charges Register.

The legal team from my new lender has issue with the first restriction regarding a conveyancer letter, and has requested me to obtain a certificate from a conveyancer as per the restriction. My issue is that I was not consulted about this being added to the registry by my solicitors when I purchased the house, and I would like the restriction removed. Not only is it frustrating in this instance but I'm sure it will cause further hassle when it comes to selling, or any future remortgages.

Can I get this restriction removed without a letter from a conveyancer? I really do not want to have to shell out hundreds of pounds to get rid of something which I did not request or know about being added to the register.

What would be my options for lodging a complaint against the original solicitor for adding this restriction without my consent? I'm rather annoyed by this as it feels very much like a racket, requiring me to go to the original solicitor each time I wish to remortgage/sell etc. No local solicitors are willing to draft me a certificate for this without me being a registered client, which also requires hundreds of pounds.

Thanks for looking, I appreciate any advice.

da_rule

Have you approached any solicitors? I don't know of any firms who charge hundreds of pounds just to register as a client.

The restriction is a fairly standard restriction to prevent fraud. You can use form RX3 to remove the restriction. However, you will still need to either apply via a solicitor or complete form ID1. Form ID1 will also require your identity to be verified by either a Land Registry employee or a solicitor etc.

You would then submit form AP1, RX3 and ID1 to the Land Registry. There is no fee for removing a restriction.

Alternatively you could apply to vary the restriction so that rather than "no disposition" it reads "no transfer or lease".

I'm assuming the 'legal team' from your lender isn't near you and you can't go to them and get them to verify your identity?

JSmith9201

I've spoken to 3 solicitors in the local area, all of whom weren't willing to draft the required letter unless we instructed them on something else.


Sorry I might have written it wrong, to register with a solicitor isn't enough, the solicitors want to carry out all the standard checks for money laundering etc. These fees are usually listed at starting around £500.


You are correct for the legal team from both the lender, and the original sale (who added the restriction) are not close to us at all. Shouldn't have gone with the recommended team from the estate agent - lesson learnt.



I think removing the restriction is my preferred option. I will take a look into the forms you mentioned, thank you very much for the info.


Would it be possible to take the said forms to a Land Registry office and have our ID's verified there?
EDIT: Having looked at the ID1, the form requires you to be present at an office to verify identy, so that's that answered.