RX3 v RX4

Hi,

I just wanted to confirm if I'm sending the correct forms.

There is a small piece of land (which has it's own title) that was previously jointly purchased by myself and my mum, ownership was then later transferred to just my mum, and now I am purchasing it back from her to register in solely in my name. There is no mortgage or anyone else involved.

I understand to do that we need to send a TR1 form for the transfer of title, and an AP1 form, plus ID.

On the title register, under the heading Title absolute, it has an entry dated from when we originally jointly purchased it stating:

"RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

I believe this means we can't complete the transfer as she is currently the sole registered owner. Would the correct form to resolve this be RX3 or RX4?

In case it's relevant, there is a second entry under that stating:

[date it transferred to just my mum] A Transfer of the land in this title dated [date of joint purchase] made between (1) xxx (Transferor) and (2) [my mum] and [me] (Transferees) contains purchaser's personal covenant(s) details of which are set out in the schedule of personal covenants hereto.

So you can infer that I was one of the original joint transferees would that be enough to show that I am the intended beneficiary of the restriction and can therefore use RX4 to consent for it to be removed?

Thank you

Hi T S - you can only cancel a form A (that's what it is) restriction so form RX3 plus form ST5 to achieve that
If you are purchasing the land then as you state she can't do so on her own - see PG 21 section 6 for guidance on how to deal with the transaction where a form A restriction exists
Using our forms for complex and more unusual transactions (PG21) - GOV.UK
The personal covenants are not relevant re the issue you describe

Thank you for the very swift reply.

If I follow the instructions in PG 21 Section 6.2 is it still necessary to cancel the form A with RX3/ST5 at the same time or that optional.

T S - optional. If the interest the form A restriction is protecting still exists then it can remain on the register after the transfer. I would suggest making that clear in any application to update the register