Releasing Restrictive Covenant - what forms?

My property has the benefit of a restrictive covenant registered in the Charges Register of my next-door neighbour. I wish to remove it.

What LR form(s) do I need to complete (in addition to Form AP1) to apply for its removal from my neighbour's title?

Practice Note 31 ("Discharge of Charges"), and Form DS1, treat "registered charge" as synonymous with "registered financial charge". Thus Form DS1, and by extension Form DS2 (which requires an accompanying DS1) don't appear to be appropriate.

Mike - you will need to both enter into a legal deed of release and then apply to register that using form AP1. No fee.
Please note that in order to completely release all of the benefiting landowner(s) must be a party to such a release. That can be very difficult to achieve unless it is absolutely clear which land has the benefit of the covenant.
You may wish to seek legal advice to consider and clarify the legal position and to help create a legal deed

Thanks for that, Adam.

I note the point about "all benefiting landowners".  The covenant was only imposed a few years ago, by me, with the agreement of the then owner of the house next door (a company under my control). Next door has been sold on, but there have been no dealings with my property (in particular no leasing or sale of part), so I hope the release will prove unproblematic.

Since my OP, I've come to realise that not everything in the Charges Register is actually a "charge" in LR terminology!  Specifically, I infer from the first two sentences of PG19 section 2.1 that what was registered in the Charges Register is a "Notice".  Which raises the question - should I also submit Form CN1 (PG19 section 2.7.1 refers) when applying for its release?



 

Mike - understood and appreciated. Just flagging as it's a very rare occurrence to get a 'clean' release but reads like you are aware and on the case.
The terminology varies enormously and history/land law plays a significant part in that. So a charge in general terms can be any sort of 'interest' for example but that word then leads us into other confusing terminology as well.
From a register perspective we tend to refer to a charge as either a legal charge (mortgage) or another type of charge which would be an interest protected by way of a Notice or Restriction for example.
If you are seeking to register the Deed of Release the form AP1 is the way to go
If you are trying to cancel the actual entry then form CN1 is the alternative
If it transpires that it's not a full release then we may only be able to note the Deed but we won;t then ask for a form AP1 for example as the CN1 can still be relied upon
Apologies as I focussed on the header 'releasing' and not the 'remove it'

No need to apologise Adam, I hadn't appreciated the distinction between "Release" and "Cancel", so that's very helpful.