Removal of restriction V795DXT

Hi

We are trying to close a conveyancing transaction next wednesday (18th) but I understand we are waiting on the removal of a restriction. The reference is V795DXT and I understand an expedite has been requested.

Could this please be picked up urgently?
Thanks
Tom

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Hi Tom - the application was submitted today and expedited due to the urgency. It will be processed as soon as possible as a result
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Thanks Adam

Morning Tom - the case has bene partially processed but we need more from the conveyancer. They were contacted yesterday so hopefully they are in receipt of our request this morning
You'll need to contact them to confirm and to clarify specific details
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Thanks Adam - I have chased my solicitor this morning. All other parties now ready to complete wednesday so I hope we can push this through today

Adam,

My conveyancer has just responded with all the required details. Could you please chase this through?

Thanks in advance
Tom

Tom - they have replied so will check with the casework team for an update
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Fab thanks Adam

Hi Adam, assume no news from the casework team this afternoon?

Hi Adam

sorry to chase again, we’ve not had a response on this yet so we’re having to call time on the chain exchanging tomorrow (two properties being transacted). Agents have called for the funds from banks so would be helpful to understand if the casework team will deal with this In the next days or whether all funds must be returned and we’ll try again next week. We have the added complexity of our buyer due to have a baby any day so there’s a lot of pressure in the situation. A speedy response will be much appreciated 

thanks

tom

Hi Tom - no apology necessary. The case is with our lawyers to decide if ok/next steps. The lawyer will need to understand how the restriction was originally applied for and what interest it was protecting before deciding if we have enough to remove it as applied for.
That should be in the next couple of days but until it all comes together I can't be definitive re a timescale
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Thanks Adam - really appreciate the update. Hopefully we’ll get some clear advice back from your legal team. As I understand the matter, there is a piece of land that was granted to ourselves via adverse possession (which was supported by the original landowner during the AP consultation period). We’re now being told (because of this restriction) that this piece of land cannot be transferred without the permission from this same original landowner... all very bazaar and even my conveyancer is scratching their head why the restriction is still in place.

thanks again for all your support in progressing this

tom
 

Tom - noted and appreciated and you should always follow your legal advice

Restrictions are applied for and registered to protect specific interests and the wording makes it quite clear as to where that interest is referred to and how it impacts. 

The key with restrictions is that they either have to be cancelled or withdrawn to be removed. Sometimes people think they simply fall away but that's very rarely the case. When the land was claimed/registered in 2024 it was land previously registered with the Rugby Club and their land was subject to the restriction. 

No evidence was put forward when the land/title was registered to state that the restriction did not affect etc hence the need for them to now do so - the lawyer neds to decide if the statements now made are indeed sufficient to show that the Club has no interest that affects the land/title - the lawyer will hopefully explain all to the conveyancer as appropriate if what they have stated proves to be insufficient 

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Tom - unfortunately what they have provided is insufficient and the casework team have gone back to them to explain why
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Hi Adam, I understand my conveyancer again responded last week. Our rationale on why the restriction should be removed is that it no longer protects a valid interest.
 

all other related matters and enquiries are closed. We are now just waiting on HMLR to clean up this title and we can move forward with the transaction.

could you let me know an update please?

thanks

Hi Tom - that is correct and that 'rationale' has been referred to our lawyers to review and decide on next steps as appropriate. The expedite status means that will happen asap and it has been escalated
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Morning Adam

Just to update, my solicitor has also submitted a second RX4 against this case as the beneficiary of the historic restriction (title holder of GR259403) has also agreed to have this restriction removed.

I trust this makes matters more straightforward? My buyers are shortly going to have their mortgage offer expire so really keen to get this closed out this week.

Thanks
Tom

Afternoon Tom - they have 'added more' to their application and the referral will consider that as well.
It's been escalated so hopefully we will know more re next steps shortly
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Hi Adam

Sorry for chasing on this again - I appreciate you guys have huge workload but really keen to get an update please.

I know there is a story behind every request, but for this one the purchasers now have a newborn.... the plan was to have moved before baby arrived, their house full of boxes, ready to move and the house I am selling to them is currently empty and ready for them. This is now causing real hardship for every day this delays.

If you could give the caseworker/legal team a further nudge both myself and our buyers would be very grateful.

Hi Tom - no need to say sorry as I know how stressful things can be and I have given the casework team and the senior officer/lawyer involved a further nudge as you put it.
The complexity of the conveyancer's request to cancel the restriction on legal grounds means it must be referred and considered as posted.
As soon as there is something concrete to share I will post again
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