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Removing blanket restriction from title deed for a remortgage
Hi there
A long and incredibly stressful story short, we need to remove a blanket restriction in favour of my father from our title deeds to be able to remortgage. We have approached two solicitors one who says that @Land_Registry are likely to reject the removal and another who sadly agreed to look into it and now never replies.
The restriction on the deed is under section B and reads: “No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by x of x by his conveyancer” x being by dad who is also the freehold of the property and owns the property we live above but not ours. We believe this was put there as we originally bought with my dad but have since paid him back via another remortgage when this wasn’t flagged. It was added when we bought the property 13 years ago (I have no recollection of it) but has only become an issue this year, as 2 other banks have never flagged it. My dad has given written permission to the new lender but it’s not enough and needs removal. A conveyancing solicitor advised that it’s there to protect the freeholder and @Land_Registry are likely to refuse its removal but the restriction is now obsolete and very problematic for us! My dad is fully in agreement to remove it.
I saw that an RX4 form can be submitted but it’s not clear what else may be needed. Anyway, sorry for the long winded post- I really hope @Land_Registry can advise us as no one else seems to be able to and it’s incredibly stressful- our mortgage runs out at the end of this month so I think we’re resigned to be paying 7% for a month which will be financially crippling. Hopefully someone can help us?
Thank you.
Comments
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If the restriction is for the benefit of your Dad, and he's willing to remove it, use RX4 to submit his request for withdrawal. The form doesn't usually require anything else if he's named in the restriction and withdrawing it himself
See section 3.7.4 of Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK
Once submitted request expedition to hasten the process - Request an expedite - GOV.UK
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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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"4 -
thank you so much
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