Overage deed on Title number: SL46719

Hi, I am in process of buying property (Title number: SL46719) which has got Overage deed restriction saying:

RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by C* Estates Limited (Co.Regn. No. 6******) of **** or their conveyancer that the provisions of Clause 4.1 of a Deed dated 2 July 2014 made between (1) C* Estates Limited and (2) J* M* H*

PROBLEM:
C* Estates Limited is dormant company. Seller's solicitors tried to contact them, failed and claim they have filed expedite request with HM Land Registry to remove overrage from Propiertorship Register.

This was 2 months ago and the only answer I get from my solicitor is that seller's solicitor is waiting for HM Land registry to act.

QUESTION:
As I don't have any information/update from solicitors I would like to ask you if you could tell me:
- If and when application to remove Overage deed was filed with HM Land registry
- what is the status of the application
- any estimate time when appliaction will be dealt with

All the best.

 

Hi Arthur - it was submitted 22nd Feb. It was expedited on 18th April and partially processed same day. It is currently waiting for a senior technician to consider it and approve next steps. 
It's expedite status will ensure it is considered further as soon as possible but it may still be a few days before we know if more is needed etc

Hi Adam.
Thank you very much for swift response.
Best Regards
Arthur

P.S
I hope you don't mind me asking for an update next Thursday.
Unless application is dealt with earlier and make me and vendors happy people.
 

Hi Arthur - not a problem to seek an update when needed

Hi Adam.
I hope you are well.
Could you give me an update regarding S906PHT application please?
Seller's solicitors, auction house, my solicitor are silent.
It seems that nobody is interested but me.
All the best
Arthur

Hi Arthur - that application was completed on 22nd April 

Thank you very much Adam.
Could you tell me if aplication was to remove overage from title or just to ignore need of certificate for this particular sale transaction?
I feel like I was lied to by seller's solicitors/auctioners.
I have been told that aplication filed is to remove overage from title, so I waited 2 months.
It doesn't seem to be a case.
Kind regards
Arthur

Arthur - the application made resulted in a Notice of an Option to purchase being cancelled from the register. It did not result in the restriction being cancelled and the conveyancer has been advised as to why and how, if they wish to, they can apply to disapply it and I suspect that's the 'certificate' angle you refer to. 

Hi Adam.
Thank you very much for your help.
Could you tell me if there is any other application hanging on SL46719 please?
Asking becouse sale drags for 6 months, my money is in my solictor's account for 3 months now and all I get from him is "I will update you soon".
Kind Regards
Arthur

Hi Arthur - nothing as yet submitted against that title, sorry

Thank you very much Adam.
Have a nice day.
Arthur

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.  

Hi Arthur - S906PHT  was completed on 22nd April so there's no pending application to which something can be added. Sorry

:( Thank you very much Adam.