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  • FIRST POST
    • Laura Bean
    • By Laura Bean 2nd May 18, 8:14 PM
    • 9Posts
    • 0Thanks
    Laura Bean
    Land Registry Removing a restriction
    • #1
    • 2nd May 18, 8:14 PM
    Land Registry Removing a restriction 2nd May 18 at 8:14 PM
    Hi

    We are currently in the process of selling our house. We have come across a restriction that says:

    The restriction is as follows:
    (24.09.2010) RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated the 7th June 2010 or some variation thereof referred to in the declaration, statement or certificate.

    The situation at the time of the declaration was that we bought the house off my husband's mum. His sister negated interest in the property but the declaration advised that there was an agreement we would eventually give her some money as she would have had an interest in the house. She has since been paid and has no interest. However the issue is our previous solicitor has lost/destroyed this declaration. And as her name is not mentioned in the restriction it isn't as simple as getting her to confirm this is no longer required.

    Is a rx3 or rx4 form required here? And will this be easy to remove? Our new conveyancers seem to struggling to find a solution but old solicitor has advised one of these forms is suffice. If so how long does this take to remove as I fear we would loose interest from our buyers due to the time it is taking to get resolved.

    Please advise
    Thanks
    Laura
    Last edited by Laura Bean; 03-05-2018 at 6:56 AM.
Page 1
    • G_M
    • By G_M 2nd May 18, 8:26 PM
    • 44,740 Posts
    • 53,215 Thanks
    G_M
    • #2
    • 2nd May 18, 8:26 PM
    • #2
    • 2nd May 18, 8:26 PM
    Edit your post.

    Select 'Go Advanced'.

    Then add the words 'Land Registry' into the Title.

    The LR rep will then pick it up and respond.
    • da_rule
    • By da_rule 2nd May 18, 10:12 PM
    • 2,713 Posts
    • 2,389 Thanks
    da_rule
    • #3
    • 2nd May 18, 10:12 PM
    • #3
    • 2nd May 18, 10:12 PM
    You are the proprietors (owners) of the property I assume?

    If so, one of you can provide a statutory declaration or statement of truth to the buyer saying that the conditions in the declaration of trust has been complied with.

    The buyer can then submit this to the Land Registry when they register the transfer and can also apply for the restriction to be removed at the same time.
    • Laura Bean
    • By Laura Bean 3rd May 18, 6:59 AM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    • #4
    • 3rd May 18, 6:59 AM
    Removing a restriction
    • #4
    • 3rd May 18, 6:59 AM
    Yes we are the proprietors. Would we not have to remove this ourselves then? And would it not matter that nobody can confirm what is in the declaration just as long as we confirm this no longer stands?

    Thanks for the reply
  • Land Registry
    • #5
    • 3rd May 18, 9:01 AM
    • #5
    • 3rd May 18, 9:01 AM
    RX3 plus supporting evidence, such as a statement of truth/stat dec as da_rule mentions would be needed.

    You need to demonstrate how the trust, which the restriciton is protecting, has come to an end so the restriction is no longer needed.

    Although the buyer may be happy to accept an RX3 plus evidence which they then submit with their purchase I suspect they won't.

    Such applications will normally be considered within 2/3 weeks of receipt. If all in order they are then completed. The key to this one being 'in order' I suspect will be linking the stat dec/statement of truth to what the declaration of trust stated and was for and how that has been satisfied.
    “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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Laura Bean
    • By Laura Bean 3rd May 18, 2:04 PM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    • #6
    • 3rd May 18, 2:04 PM
    • #6
    • 3rd May 18, 2:04 PM
    Thanks
    Would you recommend we ask our sister in law to sign something to say the declaration is no longer required or would this be pointless as her name is not on the restriction? Our solicitors seem to be reluctant in agreeing to submit these forms or just being very slow in confirming this is the route we go down. Can we just submit them ourselves? Any way these can be fast tracked for an additional fee as people in the chain are questioning the length of the process.thanks Laura
    • Tiglet2
    • By Tiglet2 3rd May 18, 7:24 PM
    • 184 Posts
    • 183 Thanks
    Tiglet2
    • #7
    • 3rd May 18, 7:24 PM
    • #7
    • 3rd May 18, 7:24 PM
    Did you not keep a copy of the Declaration of Trust? I would have expected your solicitor at the time advising you to keep the document with your records for safe keeping because Land Registry don't keep them, they only note that there is a Declaration in place on the title. We recently re-mortgaged and had a submit a copy of our Declaration of Trust to the new mortgage company, as they class re-mortgaging as a disposition.

    I do think your sister in law will have to do a Statement of Truth or similar, with evidence to prove that she was paid and no longer requires the restriction in place. An RX3 removes a restriction, but the accompanying evidence will have to demonstrate to Land Registry that there is no longer a need for the restriction to remain in place.

    I very much doubt the buyer's solicitor will recommend going ahead until the restriction has been removed and updated title deeds provided to them. It very much is something your solicitor will have to do, though they may add some additional fees for the extra work. As stated above, because you are currently selling, you may be able to get the process at Land Registry expedited.
    • Laura Bean
    • By Laura Bean 3rd May 18, 8:09 PM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    • #8
    • 3rd May 18, 8:09 PM
    • #8
    • 3rd May 18, 8:09 PM
    Thanks. Unfortunately our solicitor at the time stated she held the copy back in 2010 but I have tracked her down recently and she advised as the time has lapsed 7 years the declaration would have been destroyed. If we had known how vital this was at the time we would have ensured we had a copy for our own records. Being young 1st time buyers at the time we were a bit clueless!

    My solicitor now is taking a a while to decide what action to take so trying to get things in place like the statements just in case we need it. Is there a charge for the rx3 do you know?
  • Land Registry
    • #9
    • 4th May 18, 2:09 PM
    • #9
    • 4th May 18, 2:09 PM
    Laura Bean there's no fee for an RX3 and no fee for expediting an application. Expedition is based solely on the circumstances.

    My concern is that no application has been lodged yet and that's unusual in my experience but presumably your solicitor can explain why

    The key from our perspective is that we know why the restriction was registered as the form RX1 submitted confirms that so we know who was involved. As such confirmation from your the named individuals, inc SIL, seems the right way to go. I suspect the solicitor's uncertainty is around not knowing what the declaration actually said. The only way to fill in some of those blanks is to check what details we do have, inc a copy if the RX1 used for example - may help but only your solicitor can help there

    Note - conscious that you have also contacted us directly via our online forum so trying to match comments between two.

    Until we receive an application of course it's all hypothetical but on face of the details posted you should be able to apply. Until someone dies I very much doubt the buyer will proceed but again very much up to them if course
    “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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Laura Bean
    • By Laura Bean 9th May 18, 8:45 PM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    Thanks. Our solicitors have confirmed today that they are in the process of sorting statements for myself and my husband to sign. I have said that you have advised for my sister in law to also sign this. Would they have access to the rx1 you mention? Is there any way I can see this document? Hopefully an application to get this removed is submitted soon as our buyers are very keen to get this sorted asap as are we. Thanks Laura
  • Land Registry
    Thanks. Our solicitors have confirmed today that they are in the process of sorting statements for myself and my husband to sign. I have said that you have advised for my sister in law to also sign this. Would they have access to the rx1 you mention? Is there any way I can see this document? Hopefully an application to get this removed is submitted soon as our buyers are very keen to get this sorted asap as are we. Thanks Laura
    Originally posted by Laura Bean
    Laura a form RX3 (not RX1) is the application form that is completed and submitted along with the supporting evidence. It's simply a form that states who the applicant is asking us to cancel the 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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Laura Bean
    • By Laura Bean 10th May 18, 9:17 PM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    Thanks. So just to confirm the names that appear on the restriction include Laura Bean Ashley bean and Stacey bean? I will let our solicitor know so that the appropriate statements can be drawn up as Stacey is happy to sign it. Hopefully the application to remove it will be with you soon
  • Land Registry
    It's the Declaration of Trust that is referred to in the restriction as per your original post.
    If the trust was made between the three names then it seems prudent to include all three in confirming that it has now come to an end
    Last edited by Land Registry; 11-05-2018 at 8:32 AM.
    “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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Laura Bean
    • By Laura Bean 16th May 18, 2:28 PM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    We have the statements to sign and get sworn by a solicitor. They have also asked for Stacey to complete and ID1 form as they have not verified her identity before. As our solicitors are in Wales it is proving very difficult to get a solicitor to sign our statements and Staceys ID. Are you able to verify Staceys ID if we made an appointment with your Weymouth office? We can then travel up to Wales to sort out our statements but they cannot do both. Please advise
  • Land Registry
    We have the statements to sign and get sworn by a solicitor. They have also asked for Stacey to complete and ID1 form as they have not verified her identity before. As our solicitors are in Wales it is proving very difficult to get a solicitor to sign our statements and Staceys ID. Are you able to verify Staceys ID if we made an appointment with your Weymouth office? We can then travel up to Wales to sort out our statements but they cannot do both. Please advise
    Originally posted by Laura Bean
    Laura - I'm afraid not. It reads as if the solicitors are requesting the ID1 verification for their own purposes, rather than ours as we do not generally require evidejnce of identity when processing such an application.

    I would suggest asking the solicitor to clarify their requirements and what they would accept. I suspect any local solicitor is wary of signing your statements when they are not verifying your identities as well so removing that part from the process may assist?
    “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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Laura Bean
    • By Laura Bean 17th May 18, 10:46 AM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    Thanks. We have found someone that can sort the forms for us now. Hoping the application to remove will be with you next week. If this could be expidited Due to it being related to a sale it would be appreciated.
  • Land Registry
    Thanks. We have found someone that can sort the forms for us now. Hoping the application to remove will be with you next week. If this could be expidited Due to it being related to a sale it would be appreciated.
    Originally posted by Laura Bean
    Laura - your solicitor will need to provide details of the oneward sale and request expedition once their application is submitted.
    “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 forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Laura Bean
    • By Laura Bean 23rd May 18, 9:08 PM
    • 9 Posts
    • 0 Thanks
    Laura Bean
    Hi. Just to confirm the application has now been submitted. Are you able to advise if our solicitors have requested for this to be expedited? As mentioned this is in relation to a sale and our chain want to move asap. If you could offer me some expected turn around times it would be much appreciated. Many thanks
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