Removal of Restrictions and Charges

MEA3583_2

Dear Forum,

 I recently inherited full ownership of a property from my father, which we had owned jointly as “Tenants In Common”. I’ve already submitted the appropriate forms to have his name removed from the property title and to have the TIC restriction removed as well. However I would like some guidance around how to remove a number of other restrictions and charges which remain on the title, and which relate to the installation of a leased biomass boiler into the property back in 2015. This seven year lease for the biomass boiler has now expired (as of September 2022) but the following restrictions and charges remain:

SECTION B:  Proprietorship Register

 “ DATE - No transfer or lease 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 COMPANY of ADDRESS or their conveyancer that the 3 provisions of Clause X of the lease dated DATE made between (1) PROPRIETOR and PROPRIETOR and (2) COMPANY have been complied with or that they do not apply to the disposition.

 

 SECTION C: Charges Register

“DATE -The parts of the land affected thereby are subject to the leases set out in the schedule of leases hereto. The leases grant easements as therein mentioned.”

“DATE - Registration Date : X Plan Reference : Numbered 1 in blue (part of) Property Description : Biomass Boiler as more particularly described in the lease Date of Lease : X Term : 7 years 6 months from 18.03.2015 to 17.09.2022 Lessee's Title : TITLE NUMBER

 

When contacting the company from whom the boiler was leased, they have said I just need to complete an RX4 form to have the records removed, however this seems to relate to the restrictions only and not to the charges, or would it actually remove both?

Any advice on how to go about removing these three references above would be really appreciated.

Many Thanks

silvercar

@Land_Registry can probably advise. There is a dedicated thread on here for Land Reg issues

MEA3583_2

silvercar said:

@Land_Registry can probably advise. There is a dedicated thread on here for Land Reg issues

Thanks. Can you give me a link to the thread please? 

Martico

https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions#latest

Land_Registry

MEA3583_2 said:

Dear Forum,

 I recently inherited full ownership of a property from my father, which we had owned jointly as “Tenants In Common”. I’ve already submitted the appropriate forms to have his name removed from the property title and to have the TIC restriction removed as well. However I would like some guidance around how to remove a number of other restrictions and charges which remain on the title, and which relate to the installation of a leased biomass boiler into the property back in 2015. This seven year lease for the biomass boiler has now expired (as of September 2022) but the following restrictions and charges remain:

SECTION B:  Proprietorship Register

 “ DATE - No transfer or lease 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 COMPANY of ADDRESS or their conveyancer that the 3 provisions of Clause X of the lease dated DATE made between (1) PROPRIETOR and PROPRIETOR and (2) COMPANY have been complied with or that they do not apply to the disposition.

 

 SECTION C: Charges Register

“DATE -The parts of the land affected thereby are subject to the leases set out in the schedule of leases hereto. The leases grant easements as therein mentioned.”

“DATE - Registration Date : X Plan Reference : Numbered 1 in blue (part of) Property Description : Biomass Boiler as more particularly described in the lease Date of Lease : X Term : 7 years 6 months from 18.03.2015 to 17.09.2022 Lessee's Title : TITLE NUMBER

 

When contacting the company from whom the boiler was leased, they have said I just need to complete an RX4 form to have the records removed, however this seems to relate to the restrictions only and not to the charges, or would it actually remove both?

Any advice on how to go about removing these three references above would be really appreciated.

Many Thanks

RX4 would be for them to use to withdraw the restriction. If you are applying then it would be an RX3 plus supporting evidence as to why the restriction should now be cancelled 
The lease is as you state needs a different approach if it’s been determined. 

See PG 19 re the restriction cancellation and PG 26 re a determined lease 
https://www.gov.uk/topic/land-registration/practice-guides