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Posted Tue, 08 Apr 2025 11:56:56 GMT by ANTHONY MCGUINNESS
Help/Advice needed >  12 Years ago - as part of a divorce judgement -  a county court judge ordered my ex partner and her solicitors  to remove the restriction they had registered against my original property at the start of the Divorce proceedings. Shortly after that instruction,  her Solicitors wrote to inform me they had done so -  which then prompted me to agree to release my claim on the joint marital home . I have now just discovered  - whilst trying to sell my home - that the original B136 Restriction is still attached . How do I  get this removed and is there a way it can be expedited as the conveyancing has already been delayed
Posted Tue, 08 Apr 2025 12:26:49 GMT by Adam Hookway
Anthony - RX3 and supporting evidence if you are applying to cancel the restriction. RX4 if the restrictioner/their conveyancer are applying. 
A request to expedite should then be submitted after receipt of the RX3 or RX4 - Request an expedite - GOV.UK
An RX4 is likely to be completed sooner unless it, like an RX3, requires wider checks to confirm ok to remove the restriction - Notices, restrictions and protection of third-party interests (PG19) - GOV.UK
Do speak to your conveyancer for advise/assistance
Posted Tue, 08 Apr 2025 12:36:56 GMT by ANTHONY MCGUINNESS
Adam , Thankyou very much for your help  - I still cannot understand why a solicitor would claim to have carried out a judge`s instruction -  when the facts suggest they clearly have not done so - especially as it was a condition of me releasing my financial claim in relation to their client. Once again much appreciated
Posted Tue, 08 Apr 2025 12:46:31 GMT by Adam Hookway
Anthony - it does seem strange but something only they can clarify/confirm. Sometimes plaintiffs may not abide by the court order but the court would take a dim view in my experience.
If there was a reason for their solicitor to not abide by the order, especially after confirming that they would, then hopefully they can confirm that for you
Posted Tue, 08 Apr 2025 13:32:00 GMT by ANTHONY MCGUINNESS
Adam ,  I have today contacted my ex wife`s solicitors - reluctantly - and summarized the above in the hope that they may be willing to resolve this matter and therefore endeavor to expedite the process - to avoid me lodging a complaint with the courts or the law society regarding their conduct . Once again much appreciated

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