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Posted Wed, 10 Jan 2024 10:36:00 GMT by Sarah Hackett
My husband and I have a Form A restriction on our title which is connected to a Deed of Trust entered into many years ago.  Our circumstances have changed and we now wish to hold the property as joint tenants.

Could you please clarify if it is necessary for us to enter into a Deed of Surrender and provide this in addition to Form RX3 and Form ST5 in order to have the restriction cancelled, or if the forms alone will suffice ?
Posted Wed, 10 Jan 2024 10:42:07 GMT by Adam Hookway
Sarah - if you entered into a Deed of Trust and  then a Deed of surrender then we'd need that plus RX3 and ST5 - see our online guidance 
You may find you don;t need to do a second deed though if you are in essence 'tearing the deed of trust up' but much may depend on how it's worded with regards how it might be ended for example.
We can't really advise you on what's needed as the key will be the original Deed and intention - if you need a second deed to end the arrangement then that's worth considering
We won't consider the application until you lodge it so it might be worth having a chat with whoever created the deed for you or with a new legal adviser as appropriate just to be sure
Posted Wed, 10 Jan 2024 10:44:16 GMT by Sarah Hackett
Adam, thank you for responding so quickly

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