Removing Land Registry Restriction - what to do/does it mean?

JayUk1

I have a restriction blocking my remortgage to HSBC but

1. who should have really removed the restriction as it predates my initial home purchase?
2. can I remove it myself using the Land Registry's RX3 (or RX4?) form using emails from the beneficiary's solicitors as evidence?
3. what is it even trying to protect?

I purchased a new build property in 2014 as a first time buyer. We used a local solicitor, mortgaged with Halifax via a financial advisor and used Help To Buy.

2 years later we remortgaged to Skipton using their snail pace free legal assistance.

Another 2 years later to present day, we are looking to remortgage to HSBC and used their FREE conveyancing/legal assistance that came with the mortgage product.

Their free service was not happy with the restriction and we never experienced this issue before. Their HSBC conveyancers felt the paperwork was filed incorrectly by my solicitors in 2014 and restriction from 2012 should have been removed as it was incorrectly pulled through from the developers (Persimmons) title deeds.

My local solicitors have challenged this assertion and provided a letter/certificate from Persimmons solicitors to show the restriction has been complied with. HSBC conveyancers wont accept it, they need the restriction removed from the title deed. My solicitors response was to suggest they process the remortgage themselves with the certificate and then remove the restriction in the background as Land Registry 'will take several weeks if lucky' (allegedly). They want to charge me around £400 + VAT + searches.

I chased Persimmon's solicitors and they referred me to the Health Board's solicitors. The 2012 restriction seem to benefit the health board who originally owned the land, who then sold it to Persimmons.

The Health Board's solicitor wanted to charge me £500 +VAT to give me a certificate that I already had. After a few conversations they would charge me £250 +VAT to do the paperwork to remove the restriction from the title deed itself.

Seems like everyone is trying to squeeze me for money as it seems this service is free from land registry. I don't know what to do. My house valuation expires soon and will need to be re-done. This part of process to payback Help To Buy. On top of that I'm off the fixed rate with Skipton so now paying silly interest payments per month.

The restriction is from 2012 and reads (I bought the house in 2014)::

10.
not to dispose of the Property or any part thereof without first procuring the intended transferee
enters into a deed of covenant with the Transferor and its successors in title to perform a] the
covenants restrictions stipulations provisions and obligations affecting the Property or any part
thereof provided that this paragraph 10 shall not apply (a) to disposals of part of the Property to statutory undertakers in connection with Services supplied by them to the Property or (b) to bona fide sales for value Of plots with completed Dwellings thereon to independent third parties

1. who should have really removed the restriction as it predates my initial home purchase?
2. can I remove it myself using the Land Registry's RX3 (or RX4?) form using emails from the beneficiary's solicitors as evidence?
3. what is it even trying to protect?

P.s. in 2014 this restriction was not explained to me and the solicitor even charged me around £200 in their office when exchanging, as they had under quoted me.

JayUk1

I filled out an RX3 form myself and had the restriction removed for free within a week and saved myself a few hundred pounds rather than going to a solicitor.