Land Registry - Removing notices

Land_Registry

Snookie12cat said:

Land_Registry said:

Snookie12cat said:

We were due to complete and exchange today but turns out the sellers solicitor has not applied to the Land Registry to remove the charges from the register. She says she will be submitting the paperwork today and requesting it be expedited but how long does this take?

Expedition generally means it’s processed within 10 working days. But they need to submit and then request expedition separately and through the dedicated contact channel 
RX1s are used to register a restriction so I imagine you are referring to RX3 or RX4 to remove the restriction 
You also mention charging orders so IF there’s a form K restriction and the sale is by joint owners they may not need removing - see PG 76 section 4 
https://www.gov.uk/government/publications/charging-orders

@Land_Registry

They are B charges? 
Do you need to pay off interim charges to get them removed or is notifying the creditor of the sale sufficient? I did mean RX4. The sellers solicitor doesn't think they need paying. 

I think you mean they are restrictions in the B Proprietorship Register. If they are and are form K restrictions then follow the PG guidance, comply with the restriction wording ant they are often overreached. If so they don’t need removing/paying off
Search on MSE for the Charging order - the myth for more details and help 

Snookie12cat

Thanks for the above, very useful thread also.

I want to protect my interest as the purchaser, but also do not want the purchase to fall down because of this.

They read like this.


No disposition of the registered estate other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I /I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).

Can you advise?? Are these form K? Would they easily be removed at completion if notice has been served as advised? 

And although they do not have to be removed, CAN they be removed prior to completion using the RX3 form as notice has been served?

@Land_Registry

Land_Registry

Snookie12cat said:

Thanks for the above, very useful thread also.

I want to protect my interest as the purchaser, but also do not want the purchase to fall down because of this.

They read like this.


No disposition of the registered estate other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I /I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).

Can you advise?? Are these form K? Would they easily be removed at completion if notice has been served as advised? 

And although they do not have to be removed, CAN they be removed prior to completion using the RX3 form as notice has been served?

@Land_Registry

Form K restriction, yes. 
They can be overreached if complied with so when the purchase registers their purchase the restrictions are automatically cancelled. No RX3 is needed 
RX3 before they register their purchase won’t work 

Snookie12cat

Thank you again. Very helpful. I have forwarded this onto my conveyancer to see the best way forward from here. 

Snookie12cat

@Land_Registry

Getting a bit further into this - what does complying with the restriction mean? The sellers solicitor has sent letters to the creditors notifying them of the sale and has done so recorded delivery. They are prepared to send copies of these certificates to my solicitor to send when registering my title. Is this normally what is required? 

Land_Registry

Snookie12cat said:

@Land_Registry

Getting a bit further into this - what does complying with the restriction mean? The sellers solicitor has sent letters to the creditors notifying them of the sale and has done so recorded delivery. They are prepared to send copies of these certificates to my solicitor to send when registering my title. Is this normally what is required? 

We don’t need copies of anything. The conveyancer simply provides the certificate as per the restriction wording. That’s what complying with the restriction means. 

Notify the creditor and then certify to us that you’ve done that. Nothing more than that. 

Snookie12cat

@Land_Registry

Thank you - Last question I promise - So if the sellers solicitor has sent the notices to the creditors, do they need to certify this to you separately in advance or will my solicitor need to sort this and certify this at the same time our title registration is sent in?

I was reading that thread and it says that the BUYERS solicitors must serve the notices, not the sellers, is this correct? 

Sorry if I am being thick, I just want to understand the process because we were expecting the charges to be removed prior to completion and as this is not the case I want to know what we are getting into as I am not sure my solicitor does either.  

Snookie12cat

@Land_Registry

Any chance you can help with my last question? 

Land_Registry

Snookie12cat said:

@Land_Registry

Any chance you can help with my last question? 

The restriction is clear as to what’s required, namely “a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to….”
The applicant for registration is the buyer’s conveyancer so it is they who must certify that written notice was given to the creditor. 

Hence the restrictions aren’t removed before completion but are overreached and automatically cancelled afterwards 

So the buyer’s conveyancer needs to be satisfied that’s what’s happened so they can certify it has. Most I imagine would do the notifying themselves to be 100% certain it happened but your ‘thick’ (?) question is for your conveyancer to answer