Expedited Application Update

Hi I'm selling my house and have a requirement to remove a restriction before I can Exchange.  The application is with the Land Registry and was Expedited 10 days ago, so I'm just looking for an update if possible, as it is holding up the sale, and the purchase of my new house.. Any help would be much apprciated.

Enquiry:  250509-4662717
Application:  N199YVT
Title Number: SK264347
Thanks

Paul

Hi Paul - it was expedited on the 9th May so processing will start asap and I suspect this week. Whether it can be completed will then depend on the application being in order of course
SK264347

Morning please can you see if it’s been started yet ? Thanks 

Morning Paul - it's been cancelled and a letter explaining why then issued to the conveyancer
The application was an incorrect one as it was an effort to remove a restrictive covenant and the conveyancer has been advised as to what's required in such a scenario. Hopefully they can confirm and clarify that for you
SK264347

Please could I have a copy of the letter as my solicitor hasnt got it yet ? Is there a secure email I can contact you on ? 

Or even what form do we need to submit ? Thanks 

Paul - the letter was issued by email on 13th to the portal user who submitted the application so the conveyancer should be able to download it. If not received then they should contact us as appropriate
You can apply by post for a copy but I would suggest asking them to check again with the firm's email identifier 'Trafford'
The correct form(s) to submit with regards the release/removal of a restrictive covenant would be form AP1 (partial release) or form CN1 (whole removal of all covenants from same deed)
The key though is the supporting evidence required to show that the covenant(s) can be removed 
SK264347

Morning my solicitor had already sent in the AP1 about 3 weeks ago and got a email confirmation . But anyway he’s sent it again with a CN1. Please can you confirm they have been received and expedited ? Thanks 

Morning Paul - the solicitor submitted a form AP1 and RX3 which are the incorrect forms for what is being requested
Form CN1 is a standalone application form. Form AP1 likewise. As yet neither have been received.
The application is to remove/cancel a restrictive covenant and the key will be the supporting evidence submitted - hopefully your solicitor has not simply submitted forms AP1 and CN1 without any such supporting evidence 
SK264347

Morning 
Have the documents been received yet ? I’ve been told you should have them now and they have been expedited . 

Afternoon Paul - nothing received as yet 
SK264347

Sorry please can you check again as I was told they were sent last Friday . Thanks

Paul - no need to apologise. But still nothing received against title SK264347
The cancelled application was submitted through their secure portal so unsure why they haven't done the same again 

Can you let me know what evidence is required , is there a template? Or do you need a letter from Bellway saying they are happy for it to be removed .

Paul - a covenant can be extinguished by either an order of the Upper Tribunal (Lands Chamber) or by a deed of release of restrictive covenants. The whole of the benefiting land must be precisely identified and all the persons having an interest in the benefiting land must be party to the deed.
Application for the release of restrictive covenants should be made using Form AP1.
Application for extinguishing of all the covenants should be made in Form CN1.
There's no template to follow and to be frank a full release is a rarity as often the benefiting land has been split into multiple parts so you have many landowners in play. Bellway Homes may be just one of many beneficial landowners and it's important to read the covenant and the covenanting clause to identify the extent of any benefiting land when the covenant(s) were imposed.