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Posted Thu, 22 Aug 2024 12:31:14 GMT by Jay W
Hello,

Please can you advise me of the correct form for a beneficiary to use in order to permanently modify the wording of an existing restriction with the proprietor's consent?

It seems RX2 is only to request that a restriction is disapplied or modified for the purpose of a specific transaction, rather than permanently. Is there a form to permanently modify an existing restriction, or is it a case that the restriction needs to be withdrawn and a new one added via a combination of RX4 and RX1?

By way of explanation, the current restriction requires a certificate signed by the beneficiary confirming that the provisions of a restrictive covenant have been complied with, in order to register any transfer or lease of the registered estate. It has been agreed by all parties to permit either the beneficiary or any conveyancer to provide such a certificate, and thus we need to modify the restriction accordingly.

Thanks
Posted Thu, 22 Aug 2024 13:01:11 GMT by Adam Hookway
Hello Jay - you are correct in that, to achieve what it is you require, we will need an RX4 and a new RX1 as appropriate
In changing the restriction's wording/impact/effect in this way you have to lose the priority of the original restriction/protected interest and create a new one

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