Removal of Restriction - RX4 Form?

Hello, my partner and I are currently remortgaging and wish to now remove a restriction on our title regarding a declaration of trust. We would like to remove it so we would be 50:50 on all money in the property, keeping our tenants in common ownership.&#160;<br> <br> We are currently filling out a RX4 form and need to have everything completed before remortgaging at the end of October.&#160;<br> <br> Is this the correct form and will it be possible to complete before the deadline? Do we need to pay a sum for this as I have found it difficult to find this out.&#160;<br> <br> Thanks in advance!

Hello Iona - if it's a form A/joint ownership restriction then you need for RX3 -&#160;<a href="https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants">Joint property ownership: Change from tenants in common to joint tenants - GOV.UK</a>&#160;

Hello, we are tenants in common with a currently unequal split as stated in our declaration of trust. We just wish to remove the declaration of trust and were advised this would be through a RX4? Is this possible or would we need to change to joint tenants? Is there a cost or time frame this takes if so?

We are happy to stay as tenants in common, if that makes sense. Just with assumed 50:50 shares as we no longer wish for the declaration of trust.

Iona - the register is not definitive with regards how you hold the property be that as joint tenants or tenants in common. For example you can have a trust and/or a 50/50 split re the beneficial ownership but not apply for the form A restriction. The trust/split still exists and we don't use the term tenants in common on the actual register<br> The form A restriction does not prevent the two of you from remortgaging. Nor do we register the actual split be that 50/50 or otherwise.&nbsp;<br> If you no longer wish for the declaration of trust then formalise that in some way between you and include the change to a 50/50 split. The form A restriction can remain&nbsp;<br> We register the legal ownership and the trust/split relates to your beneficial ownership - please do seek legal/financial advice to understand what the trust/split does and how it impacts on your ownership as well as the remortgage and what happens in the future re your split/trust for example

Thanks Adam I do appreciate your help, I understand to change to joint tenants or adjust our split would be a legal/financial decision and not something land registry would be involved in per se. I was mainly stating this to cover the background of why we wanted the restriction (B.5 on TGL323467) to be removed.&#160;<br> <br> We have been advised a charge for our remortgage by our soliticitors relating to the restriction B.5 on TGL323467. They have advised&#160; us that an RX4 form would be able to remove this and this would therefore allow us to continue without the charge. I have sent an RX4 form this weekend in but if this is not possible to remove it then we will just pay the charge for speed of process

Iona - all noted and appreciated but I would emphasise that, and using my terminology, a 50/50 split is still a split so you are still tenants in common&#160;<br> However I note you are referring specifically to the restriction in B5 and not the form A restriction in entry B4 and which is invariably linked to the term 'tenants in common' referred to in the first post. Apologies<br> The restriction in entry B5 is a form B restriction and to cancel same you again need form RX3 - see section 6 of PG 24 for guidance&#160;<a href="https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land#cancellation-and-withdrawal-of-restrictions">Practice guide 24: private trusts of land - GOV.UK</a>&#160;<br> It is possible to remove (cancel) a form B restriction using form RX3 but it is not possible to withdraw it using form RX4. I would suggest referring your conveyancer to the PG 24 as appropriate&#160;<br> TGL323467

Thank you Adam. I appreciate that, will discuss with our conveyancer and pass on your information above.<br> <br> As we have sent the RX4 form incorrectly, would our supporting documents we have sent with it i.e. the original deed which it asked for, be returned once LR have received it? We have documented our return address and would be happy to pay postage as needed

Iona - the application will be captured and then wait to be processed. That's unlikely to start for some time so I would suggest a) discussing with your conveyancer next steps re RX3 and supporting evidence and b) submitting the 'new' form and evidence with a request to expedite the process as the remortgage can't happen it seems until the restriction is removed