Restriction on Land registry - remortgage

Lilybleue87

Hello everyone,
I'd like to have people's opinion and advice here please. We bough a new built in September 2015 (Taylor Wimpey) and need to remortgage by the end of September. All was going well until the sollicitors (working for the lander) got back to us stating there was a restriction on the Land registry, couldn't proceed until the restriction was lifted, and asked us to contact the sollicitors who worked for us 5 years ago.

We did just that, and both sets of sollicitors got in touch with one another. Trouble is the ones from 5 years ago are saying that the restriction should remain and that it doesn't stop a remortgage whereas the others are still saying they need it removed otherwise they won't proceed.

We are just mere mortals and don't even understand why there's a restriction on the land registry in the first place. This is what the new sollicitors have sent to the old ones " We referred the below restriction to our technical team and they have confirmed that it appears this restriction has pulled through in error as The transfer notes that 12.8 does not apply to exempt disposal. An exempt disposal is defined as ' A transferee or lessee of an individual Dwelling, provided that those Dwellings are complete at the time of disposal.' Therefore it’s likely the transfer to the customers was an exempt disposal.

(02.02.2015) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by a conveyancer that the provisions of Clause 12.8 of the Transfer dated 31 January 2014 referred to in the Charges Register have been complied with".

Does anyone have any advice please? We're getting a bit stressed out

MWT

When you bought the house in 2015 it was finished and complete in all respects when you purchased it?

Lilybleue87

Yes, it was a new built so we first signed some paperwork with Taylor Wimpey whilst it was being built but we completed in September 2015, which is when the house was finished and ready to be moved in.