Hi Adam,
According to my solicitor yet another appliaction, to dissaply, made by seller's solicitors, is needed to move things forward. As seller's solicitors are not in rush to do this I would like to ask you if it is really needed or maybe some additional note to existing application S906PHT can be added saying that HM Land registry accepts "dissaplaying the restriction" as a solution in this case.
All the best
Arthur
P.S
Email from my solicitor
Hi Arthur,
As discussed on the telephone although you are content to comply with the terms of the Restriction (and provide a Deed of Covenant confirming that you agree to be continue to be bound by the overage terms) we cannot get the necessary Certificate from the party with the benefit so that the Land Registry can see that the Restriction has been complied with and enable our application to register the property into your name to proceed.
As such we are now seeking to only disapply (not remove) the Restriction (for this transaction only meaning the Restriction will remain on the title) and as such the Sellers solicitor needs to make an application for an Order to do that so that we can safely complete the purchase with knowledge that the application will get rejected.
You will need to sign a Deed of Covenant (the one that the Sellers solicitor has sent is wrong – you will note that you are referenced as both the Covenantor and the Buyer) and the Sellers solicitor will then need to submit that to Land Registry along with evidence showing what they have done to try to get the Certificate.
As soon as I have the amended Deed of Covenant I will contact you again.