Complicated Land Registry Restriction - help!

Camilla2468

My parents own a property over which there is a charge and a disposal restriction registered as a result of a Land Charge Deed formed between my brother, sister and me as beneficiaries of the charge.  

My brother sadly passed away and his daughter who is representative of his Estate is refusing to sign the land registry documents to lift the charge/restriction. We have proof that she has no right to withold her signature and that the terms of the Deed have been met. 

Can anyone tell me which forms should be sent to Land Registry for them to lift the charge/restriction where one party is unduly withholding their signature, and whether the forms are submitted by my parents or by my sister & me.

Many thanks in advance. 

Camilla2468

I do not have the funds to pay for a solicitor given I sold all my own assets including my home and car in order to provide for my brother for 3 years whilst he was unwell. My Father is also now unwell and doesn’t have funds to instruct a solicitor. So I need to save money and do this myself. 

Camilla2468

@Land_Registry is this something you have knowledge of please? Thank you 

GDB2222

You may need a court order.

Camilla2468

@Land_Registry is this something you have knowledge of please? Thank you 

Camilla2468

GDB2222 said:

You may need a court order.

No, a court order isn’t required 

theoretica

Does the wording of the restriction need everyone to sign? 

Land_Registry

What’s the title number please? Will help me understand what you are referring to 

RiskAverse100

The usual form that it signed to remove a restriction is a Form RX4.  However, this is invariably signed by the person with the benefit of the restriction (often because they are named in the wording of the restriction as having the benefit of it).

This is called withdrawing a restriction.

The form used to remove a restriction on the basis that it is no longer required is a Form RX3.  However, evidence will need to be supplied to the Land Registry.

This is called cancelling a restriction.

It is possible to apply for a restriction to be disapplied for a particular transaction.  This probably isn't appropriate here though.

Making an application to cancel the restriction looks to be your best bet, although it is unclear what evidence the Land Registry will require as we don't know the exact wording of it and who is stated to benefit from it.

The Form RX3 is available on the Land Registry's website.
https://www.gov.uk/government/collections/hm-land-registry-forms

You could also look at Practice Guide 19, although it is a bit technical!
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

Camilla2468

Land_Registry said:

What’s the title number please? Will help me understand what you are referring to 

I’ve messaged it to you 

Land_Registry

Just to update others in general terms only. 

There’s a restriction and unilateral notice on the register re the same protected interest re a charge/agreement entered into some years ago. 

RX3/RX4 are the way to go re the restriction and UN4 re the unilateral notice 
The main issue is likely to be whether all the parties agree/consent to the removals and for the deceased brother that’s likely to be his personal representative. 

Legal advice re ‘proof’ is always advisable and if there’s any contentious issues then that can mean a court needing to sit in judgement and make an order. We, HMLR, are rarely the arbiters where proof has to be judged in such cases.