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Posted Wed, 06 Mar 2024 04:22:39 GMT by Jane Michelle Fleming
We need to remove a couple of charges from title NYK199794, and will send in a DS1 to do this.

When the charges were originally registered, restrictions were recorded on the Title (in section B: Proprietorship Register) relating to each of the charges, to ensure the estate could not be disposed of without the written consent of the lenders under each of the charges.

If we complete form DS2, will these restrictions in section B be removed as well as the entries in section C, or will we need to submit an AP1 form in order to get the restrictions taken off the title? 

Thanks.
Posted Wed, 06 Mar 2024 09:36:33 GMT by Adam Hookway
Jane Michelle - you don;t need an AP1 but you will need form RX4 for each legal charge.
The restrictions were applied for and are in the specific names of the lenders/creditors so will need to be withdrawn
The only time we would not need the extra forms would be where the restrictions refer to the actual legal charges by date. In those examples the restrictions would be automatically cancelled when the charge(s) are discharged
Posted Thu, 07 Mar 2024 01:24:45 GMT by Jane Michelle Fleming
Thanks Adam.  That is really helpful.

So we will submit the following documents:
DS1 to remove the charge-executed as a Deed
DS2 to remove the entries in the register relating to the charge
RX4 to remove the restriction- signed by the applicants with an interest in the restriction, but not needing to be witnessed
ID1 or ID3 identity forms for all of the relevant parties

And just wanted to confirm that no fee is payable with any of these applications.

Thanks again.
Posted Thu, 07 Mar 2024 07:36:15 GMT by Adam Hookway
Jane Michelle - all correct if the applicants are the named lenders/creditors 
Posted Thu, 07 Mar 2024 20:38:32 GMT by Jane Michelle Fleming
That's brilliant Adam.  Really helpful.  Thank you so much.
 
Posted Wed, 30 Oct 2024 23:05:12 GMT by D S

In relation to the statement, “The only time we would not need the extra forms would be where the restrictions refer to the actual legal charges by date. In those examples, the restrictions would be automatically cancelled when the charge(s) are discharged”: Could you clarify if the restriction below would automatically be canceled upon discharging the charge, or if an additional RX form is necessary?

“RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate, or by the proprietor of any future registered charge, is to be registered without a written consent signed by the proprietor for the time being of the Charge dated [XYZ] in favour of [XYZ] referred to in the Charges Register.”

Does the date-specific reference to the charge mean an RX form is not required in addition to the DS1/DS2 in this case?

Posted Thu, 31 Oct 2024 07:23:32 GMT by Adam Hookway
D S - if the restriction is linked to the registered charge then it should be cancelled automatically when the linked legal charge is discharged/cancelled also
Posted Tue, 26 Aug 2025 16:06:53 GMT by Samantha Wright
Hi,
How long does it take to remove a charge placed on a house once the DS1 and DS2 have been received by Land Registry?
Posted Tue, 26 Aug 2025 16:31:02 GMT by Adam Hookway
Hi Samantha - most lenders remove their charges electronically and that can be done in seconds.
If done by post/paper then there will be a lengthy wait time before processing starts and then wider checks to confirm it is all legitimate. As such that can be a wait of several months unless it's expedited - Request an expedite - GOV.UK 
Expedition reduces that initial wait but does not remove the need for the wider checks
Posted Tue, 26 Aug 2025 20:07:49 GMT by Samantha Wright
Thank you Adam, this was really helpful
 

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