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Land Registry - Removing a Restriction from 2006

We are in the process of selling our house.

Upon checking the Land Registry we find that a restriction is still in place from 2006.

=========================================================================
(13.03.2006) RESTRICTION: No disposition of the registered estate 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 XXX XXXXXX (the trustee in bankruptcy of XXXX XXXXXXX XXXXXX) 
at care of XXXXXXXX, (Ref: XXXXXXXXX).
========================================================================

This was put in place when my partner went bankrupt. To satisfy the official receiver we borrowed money from family members equivalent to our equity in the house and paid it over.

My partner was discharged shortly after.

We have contacted the company mentioned in the restriction and asked them to remove the restriction, they have replied saying that as the matter is so old they have destroyed their files and are asking us for the information. This would involve a lot of work on our part, I feel they should have removed the restriction when my partner was discharged.

I have read that I can submit a CN1 form asking for the restriction to be removed.

Am I correct in assuming if the company mentioned can not demonstrate why the restriction should remain in place the Land Registry will remove it?

How long would this take?

Thanks.



:j

Comments

  • silvercar
    silvercar Forumite, Ambassador Posts: 45,959
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    Being pragmatic, you are the ones that want to sell so you need the restriction removed. If they have destroyed old paperwork and need some evidence to agree to remove the charge, then it is you that will need to do the work if you want it done with any speed.
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  • SDLT_Geek
    SDLT_Geek Forumite Posts: 2,320
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    We are in the process of selling our house.

    Upon checking the Land Registry we find that a restriction is still in place from 2006.

    =========================================================================
    (13.03.2006) RESTRICTION: No disposition of the registered estate 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 XXX XXXXXX (the trustee in bankruptcy of XXXX XXXXXXX XXXXXX) 
    at care of XXXXXXXX, (Ref: XXXXXXXXX).
    ========================================================================

    This was put in place when my partner went bankrupt. To satisfy the official receiver we borrowed money from family members equivalent to our equity in the house and paid it over.

    My partner was discharged shortly after.

    We have contacted the company mentioned in the restriction and asked them to remove the restriction, they have replied saying that as the matter is so old they have destroyed their files and are asking us for the information. This would involve a lot of work on our part, I feel they should have removed the restriction when my partner was discharged.

    I have read that I can submit a CN1 form asking for the restriction to be removed.

    Am I correct in assuming if the company mentioned can not demonstrate why the restriction should remain in place the Land Registry will remove it?

    How long would this take?

    Thanks.

    This is a "Form J" restriction, as explained in Land Registry Practice Guide 19: 
    https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

    It is not difficult to comply with, where written notice can be given in accordance with the wording of the restriction.  As you are in touch with them, this seems possible.

    I think it is the case that the restriction will have served its purpose once complied with, and the LR would remove the restriction on registering the title of the new owner; but this is something the new owner will need to check and be comfortable with.
  • daveyjp
    daveyjp Forumite Posts: 12,082
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    The third party will need to provide something in writing.  It just needs someone in their organisation to do it.

    From info I received this week Land Reg are currently working to turn around relatively simple instructions such as this within 90 days.
  • CSI_Yorkshire
    CSI_Yorkshire Forumite Posts: 1,792
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    daveyjp said:
    The third party will need to provide something in writing.
    Do they?

    I just read that restriction as saying "you must swear that you have written to the trustee" - not that the trustee has given permission or even acknowledged the notice.
  • TripleH
    TripleH Forumite Posts: 2,996
    1,000 Posts Fourth Anniversary Name Dropper
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    Get the restriction removed yourselves as soon as you can and make any input from the OR as basic as possible.
    You need to focus on what you are able to control here. If they made a mistake, get it fixed first then complain as that could take months to resolve (but this way you then don't have to try and fix the problem after that).
    May you find your sister soon Helli.
    Sleep well.
  • Not_Scammed
    Not_Scammed Forumite Posts: 144
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Forumite
    Hi, Thanks for the replies.

    I've submitted an RX3 form after speaking a very helpful Land Registry member of staff. (The company that have the restriction said I had to use an RX4 - which is incorrect according to the LR).

    After many hours of heartache and searching I have found the Deed Of Release and accompanying letter from the company saying they will submit an RX4 and have the restriction removed - well 17 years later it's still there so I guess they either didn't bother to do it or do a quality check to see that it had been done.
    :j
  • Land_Registry
    Land_Registry Organisation Representatives - Private Messages may not be monitored Posts: 5,639
    Part of the Furniture 1,000 Posts Name Dropper
    Organisation Representative
    Hi, Thanks for the replies.

    I've submitted an RX3 form after speaking a very helpful Land Registry member of staff. (The company that have the restriction said I had to use an RX4 - which is incorrect according to the LR).

    After many hours of heartache and searching I have found the Deed Of Release and accompanying letter from the company saying they will submit an RX4 and have the restriction removed - well 17 years later it's still there so I guess they either didn't bother to do it or do a quality check to see that it had been done.
    Glad to see you got the help you wanted. 
    Form RX3 is for you to apply to cancel. Form RX4 is for restrictioner to withdraw their restriction. 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Not_Scammed
    Not_Scammed Forumite Posts: 144
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Forumite
    Hi, Thanks for the replies.

    I've submitted an RX3 form after speaking a very helpful Land Registry member of staff. (The company that have the restriction said I had to use an RX4 - which is incorrect according to the LR).

    After many hours of heartache and searching I have found the Deed Of Release and accompanying letter from the company saying they will submit an RX4 and have the restriction removed - well 17 years later it's still there so I guess they either didn't bother to do it or do a quality check to see that it had been done.
    Glad to see you got the help you wanted. 
    Form RX3 is for you to apply to cancel. Form RX4 is for restrictioner to withdraw their restriction. 
    Yes, i've sent in a message with a scan of the Deed Of Release and covering letter so hopefully that will give the LR staff all the info they need.
    :j
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