Title deed restriction

We are buying a property and the current title deed has the following restriction:


6 (25.09.2009) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their
conveyancer that written notice of the disposition was given to HPAS t/a Safestyle UK (Co. Regn. No. 02777148) at 14 Eldon Place, Bradford, West Yorkshire BD1 3AZ, being the person with the benefit of an interim charging order on the beneficial interest of Earl Eric Williams and
Carol Lesley Williams made by the Bradford County Court on 14 September 2009 (Court reference 8QZ01316).

What is the minimum required to enable the property to be transfered to us as the new owners?. Do we need a response from HPAS before the restriction can be removed? Or is proof of the notice beind delivered sufficient?

Peter - you need to comply with the restriction wording, namely "a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to......."
Nothing more than that, so no proof of postage, receipt etc. A certificate given by you (the applicant) or your conveyancer that states "I/We hereby certify that notice of (specific details of the disposition) was given to HPAS......."
The restriction says all that you/your conveyancer needs to know

Hi Adam. 

We're in an almost identical scenario to Peter and our coveyancer is adamant that any restrictions need to be removed before completion. The restrictions on the title of the property we are purchasing are historic and the vendors and their solicitor have been unable to make contact with the comanies involved. 

Can you confirm if the application to have these restrions removed should take place as part of the normal transfer process or should the vendors have these restrictions removed before our application to have the property title transfered into our name?

Kind regards.

 

Hi Fred - that's the conveyancers call and not ours I'm afraid. 
Our PGs 19 and 19A refer to how Restrictions can be cancelled, withdrawn or disapplied for example and it's possible that disapplication might be the way to go in your scenario although only the conveyancers will know/be able to confirm
Land registration: Practice guides - GOV.UK