Land Registry - Removing a Restriction

Tom_Goodall

Hello.

I am currently remortgaging my property, and the law firm dealing with this on behalf of the bank has come across a restriction

"
Please find attached your title documents which show restriction b3

(02.01.2018) 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. )"

The Law firm want to charge me £150 +VAT for a certificate to appease this restriction through the remortgage. This seems to be a standard fee for this type of service. They then want to charge a further £150 +VAT to apply to remove the restriction and are refusing to allow me to have a copy of the certificate they are producing.

This restriction has come into effect since we purchased the house two years ago. I was not aware this was going to be put on, so it has caught me completely off guard.

I have done some research on these forums, and I have been in touch with the law firm. They have advised they can fill out a RX3 form for me, for a fee, with no guarantee the restriction will be removed. I have had a look at the RX3 form myself and think I will just apply to have the restriction removed, but will it be as simple as just filling out the form or will it need to provide further evidence, such as the certificate the law firm is providing for the remortgage?

I don't understand why this restriction has been put on, why I wasn't informed it was going to be put on and I am most annoyed its going to cost a considerable amount of money every time I remortgage unless I can get it removed.

Any help would be appreciated.

Thanks.

Tom99

It's an anti fraud restriction to protect against your identity being stolen and the house transferred to someone else.
I thought this was only for owners not living in the property where there is a greater chance of say a tenant getting hold of your identity information.
Also mostly applied where there is no mortgage as the mortgage charge/restriction itself prevents a sale or re-mortgage without the mortgage co say so.
I would go with sending off RX3 and see how you get on.