RX4 form

My husband needs to withdraw a restriction he has on my property which was made via RX1,  and is filling out the RX4, He is the only person specified on the restriction and is signing as the applicant in section 11.

Does he leave section 7 blank?

Does he also need to sign in section 12 and what should he put in the interests box or should he leave it blank.

Also is there a fee for this?

Thank you.

Mae - no fee for an RX4
If he's lodging nothing else then leave panel 7 blank
Panel 12 does not be completed if he is the named restrictioner and also the applicant as per the form and is signing it in panel 11
 

Thank you so much for your response - much appriciated.

Hi

Another quick question, the RX4 asks for the date the restriction was registered on, is that the date LR received the restriction application, or the deadline date for objecting or consenting to the restriction?

Thank you.

Hi Mae - the date the restriction was registered on. The register would confirm that date

Great, thx

Hi,

I need some guidance please?

I am the sole proprietor/beneficiary and have a Form A restriction on the Title Register of my home. I need this restriction removed, urgently as I'm currently in the process of re-mortgaging and unable to move forward with the application without this removed. 

Is it an RX4 form I need to complete? If so, which sections do I need to complete please? I really need some guidance.

Please can someone advise me on the correct way forward and how to rectify this?

A prompt response would be really appreciated. 

Hi Mohammed - you can't withdraw a form A restriction. It can only be cancelled so you need a form RX3 plus supporting evidence, usually form ST5,.
See Joint property ownership: Change from tenants in common to joint tenants - GOV.UK (www.gov.uk) for guidance of what the form ST5 can refer to as evidence of why the restriction can be cancelled

Hi Adam

Thank you for your prompt response.

It states on the RX3 form to 'Use this form to cancel a restriction if you are not the beneficiary' ? But I am the Sole proprietor and beneficiary? That's why I thought it would be RX4. 

The Form A Restriction was left on the title I believe, in error when I became the sole proprietor but the Solicitor that processed this hadn't removed the restriction. I unfortunately cannot remember the Solicitors details that processed this nor am I in touch with the previous TIC/Joint tenant. 

Please advise on the best method to use in my case. Is it still the RX3 and ST5?

Hi Mohammed - the term 'beneficiary' can be used in a wide variety of contexts. In the case of restrictions individuals are often named as being the party with the benefit of the restriction so they can be described as the 'beneficiary'. 
There is no named 'beneficiary' in a form A restriction and such a restriction can only be cancelled hence form RX3 is the correct form to use.
Whether it was left on the register in error or not we will still require forms RX3 and ST5 as time has now passed since that possible 'error' and within which the circumstances may also have altered with regards the beneficial ownership.
If you remain doubtful of the advice provided then please do seek legal advice/assistance as appropriate
 

Hi Adam,

Thank you so much for your prompt response and advice on this.


 

HI Adam, sorry to hassle you again. 

Can you please advise which sections of the RX3 form I must complete given my circumstance?

I am completing the form by myself and just need this clarification before proceeding. I have also prepared a statement of truth for ST5. 

Thanks in advance

Hi I have a declaration of trust registered against my husband’s property by RX1. I need to remove this in order to proceed with a remortgage. Am I the applicant or are we both applying (sections 5&6 )? Am I able to send this in myself without a solicitor?

Lesley - if you are joint owners then you would be joint applicants. You don't have to use a solicitor to apply 

Hi Adam, thank you for your quick reply, my husband is the sole owner I am the one with the declaration of trust registered. So I am the applicant from your response, does my husband need to sign the consent section? Also do I need to send in any documents as per section 7 ?

Lesley - much depends on what you mean by 'declaration of trust' being registered. I assume you mean that the trust is protected by way of a restriction and if so then see section 6.2 of our PG 24 for guidance on how to apply to cancel such a restriction - Private trusts of land (PG24) - GOV.UK
The restriction will have been applied for to protect the trust so to cancel it we need evidence that the trust has come to an end or as appropriate. That will often be in the form of a statement of truth (form ST5) and whether that's you or the register owner or both will depend on the trust and what's now happened

Greetings! Can someone help me with the following questions regarding Form RX4 please?

My Situation: I own a flat, and my father placed a restriction under Section B of the title. He is now permanently based overseas and has agreed to withdraw the restriction. I am applying as the applicant to withdraw the restriction with his consent. Would this approach be acceptable?

Specific Questions:
Section 10 – I ONLY intend to complete "(B) The application is made with all required consents" and tick "The required consents accompany this application". Is this the correct approach?

Section 12 (Consent Details) – Do I need my father to sign this section as well? I already have a signed consent letter from him, which has been witnessed by a lawyer, along with a medical certificate confirming he is fit and able to make decisions. Would this be sufficient, or does he still need to sign Section 12 separately?

Any guidance would be greatly appreciated.

Thank you very much

Hi a rx4 form has been submitted, could you please tell me if this has been expedited . Z180FZT

many thanks Sonya