Urgent help needed malicious RX1

help_please123

Good morning, i am hoping somebody has some similar experience or advice for me and any help is greatly appreciated.
I am in the process of selling my house and am nearing the point where we are ready to exchange with a view to completing on the 27th of this month. 
Last week i found out that my ex partner with whom i was in a relationship with for 5 years has lodged an application for an rx1. To give a little background i have no contact with him, i have a non molestation order in place due to violence and harrassment. I am undergoing treatment for trauma and ptsd and so is my son so we have zero contact whatsoever. 
i recieved a letter to object to his application from land registry and forwarded an objection letter yesterday. My buyers have made it clear they want to complete before the end of the month for personal issues and there is another person in the chain beneath them. i have no onward chain.
My questions are as follows, should i report this application to my conveyancer given it is an application only and not a restriction.
I have asked land registry to treat this as a matter of urgency and explained that no such claim has been made against my property since our separation until my ex partner learned of my intention to sell my property. I believe this application was made only to exert control.

I am absolutely desperate to get out of the house, I have a lot of bad memories and my PTSD is worse than ever. A couple of days before christmas my ex partner came to my house with a hammer and smashed all of my windows and car leaving my child traumatised. I have promised him we will move out of the property to aid his emotional recovery.

Is there anything I can be doing that i haven't already done? 
Will the application stop my sale or is it irrelevant given it is an application and not a restriction?

Any and all advice is greatly appreciated.

MattMattMattUK

help_please123 said:

Good morning, i am hoping somebody has some similar experience or advice for me and any help is greatly appreciated.
I am in the process of selling my house and am nearing the point where we are ready to exchange with a view to completing on the 27th of this month. 
Last week i found out that my ex partner with whom i was in a relationship with for 5 years has lodged an application for an rx1. To give a little background i have no contact with him, i have a non molestation order in place due to violence and harrassment. I am undergoing treatment for trauma and ptsd and so is my son so we have zero contact whatsoever. 
i recieved a letter to object to his application from land registry and forwarded an objection letter yesterday. My buyers have made it clear they want to complete before the end of the month for personal issues and there is another person in the chain beneath them. i have no onward chain.
My questions are as follows, should i report this application to my conveyancer given it is an application only and not a restriction.
I have asked land registry to treat this as a matter of urgency and explained that no such claim has been made against my property since our separation until my ex partner learned of my intention to sell my property. I believe this application was made only to exert control.

I am absolutely desperate to get out of the house, I have a lot of bad memories and my PTSD is worse than ever. A couple of days before christmas my ex partner came to my house with a hammer and smashed all of my windows and car leaving my child traumatised. I have promised him we will move out of the property to aid his emotional recovery.

Is there anything I can be doing that i haven't already done? 
Will the application stop my sale or is it irrelevant given it is an application and not a restriction?

Any and all advice is greatly appreciated.

Firstly, report him for breach of the non-molestation order. 

The application will not stop things so long as it is not approved before the sale goes ahead, it could cause huge issues it it is approved between exchange and completion. 

A secondary issue is unless you are a long way along with the process and your conveyancing solicitor is fully agreed in targeting the end of the month then completion before the end of the month is highly unlikely. 

help_please123

Yes, i have done this as it feels like it is just further harassment although i fear they may say on full interview it is a civil matter as he had a solicitor do this for him basically on the grounds that we had a joint account when we were together. I bought the property on my own it has always been only me on the title deeds and mortgage.
My solicitor contacted me yesterday to say we are just waiting on the bottom of the chain to confirm they are also ready to exhange but I do know they have all relevant enquiries back and everything from their end so it is imminent.

Will the fact that their is a pending application not be a problem when their solicitor files an OS1? I don't think it is likely to be granted before then as I have a lot of evidence that this is not the case but i am worried that we could exchange then the fact their is an application could hold up completion?

Many thanks for your help

help_please123

help_please123 said:

Yes, i have done this as it feels like it is just further harassment although i fear they may say on full interview it is a civil matter as he had a solicitor do this for him basically on the grounds that we had a joint account when we were together. I bought the property on my own it has always been only me on the title deeds and mortgage.
My solicitor contacted me yesterday to say we are just waiting on the bottom of the chain to confirm they are also ready to exhange but I do know they have all relevant enquiries back and everything from their end so it is imminent.

Will the fact that their is a pending application not be a problem when their solicitor files an OS1? I don't think it is likely to be granted before then as I have a lot of evidence that this is not the case but i am worried that we could exchange then the fact their is an application could hold up completion?

Many thanks for your help

@MattMattMattUK sorry i am not sure if you get my reply if i don't tag, i am new to this forum. thank you again for your response

MattMattMattUK

help_please123 said:

Yes, i have done this as it feels like it is just further harassment although i fear they may say on full interview it is a civil matter as he had a solicitor do this for him basically on the grounds that we had a joint account when we were together. I bought the property on my own it has always been only me on the title deeds and mortgage.
My solicitor contacted me yesterday to say we are just waiting on the bottom of the chain to confirm they are also ready to exhange but I do know they have all relevant enquiries back and everything from their end so it is imminent.

Will the fact that their is a pending application not be a problem when their solicitor files an OS1? I don't think it is likely to be granted before then as I have a lot of evidence that this is not the case but i am worried that we could exchange then the fact their is an application could hold up completion?

Many thanks for your help

I do not know but I do not think that it would stop it going through it it was only in the application stage, your solicitor should be able to advise you on that though. With regard to exchange and completion, due to the potential risk of it being granted between the two it may be advisable to go for simultaneous exchange and completion, again you should speak to your solicitor about that. 

help_please123

@MattMattMattUK thank you very much for your input it is much appreciated

help_please123

@Land_Registry could you please advise from your perspective too?

EssexHebridean

You have to advise your solicitor I'm afraid because as things stand, the application will block the buyer's solicitors attempt to register it after completion, and will show on their further enquiries prior to that point anyway. 

I really feel for you here - what a horrible situation, I hope you can get it resolved in a straightforward and relatively stress-free way. 

SDLT_Geek

There are many different forms of restriction.  I wonder which type he has applied for?  Can you tell us?  Restrictions can often be "managed", for example by appointing a second trustee as part of the sale process or by giving notice.

The Land Registry publish standard form restrictions here: 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

Form A reads: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

Form II reads: "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 their conveyancer that written notice of the disposition was given to {name} at {address}."

help_please123

@EssexHebridean thank you for your input, i assumed it would be shown on the OS1 but didn't know if the fact it was an application rather than a restriction would make any difference.

Thank you, it has been 5 years of sheer hell and I pinned a lot on this move for my mental health as much as anything else.

Are you aware if land registry have the power to remove the application or will it be a long process to object? 

help_please123

@SDLT_Geek

The application states 

Form A reads: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

Do you have any knowledge on this? 
Any help is greatly appreciated.

Thank you