Land Registry - Removal of restriction

dottiec

I posted this today on another thread and was redirected to this site. 

In 2015 I borrowed £20,000 from my brother to enable me to self build my house.  This was by way of a promissory note which is shown as a restriction on my title deed (RX1 Form).  My brother has agreed to my requesting to remove this restriction (he now owes me money).  Can we do this ourselves and what information shall I need to provide to Land Registry. There appears to be two restrictions on said title deed as follows and I don't understand the first one - can anyone confirm that this does not refer to the loan (perhaps it refers to us having to build the new access road within a set time).    

This is from the official copy of register.
1  No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any charge, not being a charge registered before the entry of this charge, is to be registered without a certificate signed by a conveyancer that the provision of clause 12.7.15 of the transfer dated ....... made between (1) Mr M . (my brother)  (2) Mr J (myself) have been complied with or that they do not apply to the disposition.

2  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 written consent signed by Mr M (my brother) or their conveyancer.

NB - The Clause 12.7.15 referred to in No 1 reads on the TPI as follows:

Not to dispose of the property or any part of it unless the Transferee shall procure that the Transferee's  disponee at their own expense enter into a positive Deed of Covenant with the owner or owners for the time being of the remainder of the estate to observe and perform the obligations on the part of the Transferee contained in this transfer including the provisions of this covenant.  

Sorry this is so long but all the info needed to understand the question.  I hope someone from the Land Registry is able to help.  

Titus_Wadd

There's a dedicated Land Reg thread HERE if you post on there you should get a reply.

p00hsticks

Titus_Wadd said:

There's a dedicated Land Reg thread HERE if you post on there you should get a reply.

Or - as someone helpfully pointed out to me yesterday - rather than repeating the question on that thread you can draw the Land Registry's reps attention to this one by tagging them thus @Land_Registry

Land_Registry

Two restrictions to protect your brother’s interests. The first relates to the terms and conditions set out in the Transfer. The second presumably relates to th3 specific loan you refer to. 

So if you want to cancel either/both you need to apply using form RX3 and provide supporting evidence to enable cancellation to happen. 

If your brother is in agreement then it would be easier for him to apply to withdraw it/them using form RX4 
See our PG 19 section 3 for guidance on restrictions and their cancellation or withdrawal 
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

dottiec

Thank you.  That's a great help.