Problems removing title restriction

_CPJones_

Hello,

During the process of remortgaging, a restriction on the title of my property has come to light which I need to remove. The beneficiary of the restriction is a land management company that was originally going to manage the site on which my house was built. Plans changed and this company didn't end up managing the site but the restriction was left in place by mistake. It wasn't picked up by the solicitors who handled the original purchase nor the original lender (who also remortgaged without noticing/mentioning it two years ago) hence why it's only come to light now.

I've obtained consent from the beneficiary company but apparently this isn't sufficient. My solicitor tells me that they've tried to submit an RX3 and an RX4 but Land Registry have said that the beneficiary needs to submit either a certificate of compliance or an RX4. The beneficiary is refusing, saying that they've provided consent and that that should be enough for my solicitor to submit an RX4. I've checked the fine print on the RX4 and it says:
"Use this form to withdraw a restriction where you are either the beneficiary or have their consent."

As I said, I have the beneficiary's consent so I've submitted an RX4 but I don't hold out much hope of it succeeding. Also, the clock is ticking on the discount period of my current mortgage.

I'm sorry that this has turned into an essay; I've simplified it as much as I can.

If you're still with me, can anyone offer any advice or point me in the direction of someone at Land Registry (I've seen posts from a very helpful member who, I believe, works for them)?

Many thanks in advance.

Land_Registry

_CPJones_ said:

Hello,
During the process of remortgaging, a restriction on the title of my property has come to light which I need to remove. The beneficiary of the restriction is a land management company that was originally going to manage the site on which my house was built. Plans changed and this company didn't end up managing the site but the restriction was left in place by mistake. It wasn't picked up by the solicitors who handled the original purchase nor the original lender (who also remortgaged without noticing/mentioning it two years ago) hence why it's only come to light now.
I've obtained consent from the beneficiary company but apparently this isn't sufficient. My solicitor tells me that they've tried to submit an RX3 and an RX4 but Land Registry have said that the beneficiary needs to submit either a certificate of compliance or an RX4. The beneficiary is refusing, saying that they've provided consent and that that should be enough for my solicitor to submit an RX4. I've checked the fine print on the RX4 and it says:
"Use this form to withdraw a restriction where you are either the beneficiary or have their consent."
As I said, I have the beneficiary's consent so I've submitted an RX4 but I don't hold out much hope of it succeeding. Also, the clock is ticking on the discount period of my current mortgage.
I'm sorry that this has turned into an essay; I've simplified it as much as I can.
If you're still with me, can anyone offer any advice or point me in the direction of someone at Land Registry (I've seen posts from a very helpful member who, I believe, works for them)?
Many thanks in advance.

Let’s start with what you may already appreciate but it may help to put it in slightly different terms 
RX3 is used by someone other than the restrictioner or their conveyancer to apply to cancel the restriction 
RX4 is used by the restrictioner or their conveyancer to withdraw their restriction  
Use an RX4 if you are the restrictioner or if you have their consent [to withdraw it] - I’ve added the extra words for clarity as I suspect, but don’t know from your post, the consent you have is not to the withdrawal but something else for example your remortgage. Apologies if I’m wrong. 

If an application has been made but refused then we should have explained why and what is required. Have you seen that refusal and if so what is the precise wording? 

Or can you share the title number? It will help clarify matters   

_CPJones_

Land_Registry said:

_CPJones_ said:

Hello,
During the process of remortgaging, a restriction on the title of my property has come to light which I need to remove. The beneficiary of the restriction is a land management company that was originally going to manage the site on which my house was built. Plans changed and this company didn't end up managing the site but the restriction was left in place by mistake. It wasn't picked up by the solicitors who handled the original purchase nor the original lender (who also remortgaged without noticing/mentioning it two years ago) hence why it's only come to light now.
I've obtained consent from the beneficiary company but apparently this isn't sufficient. My solicitor tells me that they've tried to submit an RX3 and an RX4 but Land Registry have said that the beneficiary needs to submit either a certificate of compliance or an RX4. The beneficiary is refusing, saying that they've provided consent and that that should be enough for my solicitor to submit an RX4. I've checked the fine print on the RX4 and it says:
"Use this form to withdraw a restriction where you are either the beneficiary or have their consent."
As I said, I have the beneficiary's consent so I've submitted an RX4 but I don't hold out much hope of it succeeding. Also, the clock is ticking on the discount period of my current mortgage.
I'm sorry that this has turned into an essay; I've simplified it as much as I can.
If you're still with me, can anyone offer any advice or point me in the direction of someone at Land Registry (I've seen posts from a very helpful member who, I believe, works for them)?
Many thanks in advance.

Let’s start with what you may already appreciate but it may help to put it in slightly different terms 
RX3 is used by someone other than the restrictioner or their conveyancer to apply to cancel the restriction 
RX4 is used by the restrictioner or their conveyancer to withdraw their restriction  
Use an RX4 if you are the restrictioner or if you have their consent [to withdraw it] - I’ve added the extra words for clarity as I suspect, but don’t know from your post, the consent you have is not to the withdrawal but something else for example your remortgage. Apologies if I’m wrong. 

If an application has been made but refused then we should have explained why and what is required. Have you seen that refusal and if so what is the precise wording? 

Or can you share the title number? It will help clarify matters   

Thank you very much for replying.

I've obtained consent from the restrictioner to the full withdrawal of the restriction. This takes the form of a letter signed by representatives of the restrictioner which begins: "Please accept this letter as the consent of [restrictioner] to the removal of the restriction currently registered in favour of [restrictioner]."

I don't know if my solicitors actually submitted an RX3. They told me that they'd been told by Land Registry that this wasn't the correct course of action.

After checking the details of the two forms, I submitted an RX4 on 2/12/20 accompanied by the letter of consent mentioned above. I haven't had a response from Land Registry yet.

I have sent you the title number in a private message.

Many thanks again for your help.

Land_Registry

_CPJones_ said:

Thank you very much for replying.

I've obtained consent from the restrictioner to the full withdrawal of the restriction. This takes the form of a letter signed by representatives of the restrictioner which begins: "Please accept this letter as the consent of [restrictioner] to the removal of the restriction currently registered in favour of [restrictioner]."

I don't know if my solicitors actually submitted an RX3. They told me that they'd been told by Land Registry that this wasn't the correct course of action.

After checking the details of the two forms, I submitted an RX4 on 2/12/20 accompanied by the letter of consent mentioned above. I haven't had a response from Land Registry yet.

I have sent you the title number in a private message.

Many thanks again for your help.

I’ve received your DM and replied
Theres been no prior application from what I can see but your RX4 has been received
Let’s see what that reveals re if all ok or more checks/information is needed 
In general terms, and I’ve explained in more detail my own DM, the possible issue to date has been the consent as it includes more wording than has been quoted here. 

I’m not saying that it has been the issue or that it will be but it’s enough for me to at least raise it as a possibility. The wording caveats the consent so it might not be taken as an unequivocal consent to withdrawing the restriction itself. 

But let’s see and I’ll leave it for you to comment further as appropriate once you’ve heard back from us 

_CPJones_

After a lot of faffing about, I received confirmation this morning that the restriction has finally been removed.
I wanted to thank @Land_Registry for all of his/her/their assistance with this. 

robatwork

I've been on MSE forums for many years, and @Land_Registry is indeed one of the very few representatives (I'm struggling to think of even one other) who has consistently been available to deal with queries on behalf of an organisation/company, so much kudos to him/her/them (no idea if it's one person or several sharing an account). 

Glad it's worked out for you.

Land_Registry

That is good news and so pleased things can now move forward for you. Your thanks and robatwork’s kind words are very much appreciated
Whilst I am one person dealing with MSE posts where we can I am confident in saying that any of my colleagues would do exactly the same.