Withdrawal of restriction

Hi Adam, after successfully resolving my previous issue with our tenants in common application and satisfying our lenders criteria, they have now raised another query.

Title deed: SX47145
We bought our house from a charity in 2021, and it appears that there are still restrictions placed on our property pertaining to their ownership - specifically B2 & B3. I have reached out to our original conveyancer and our mortgage provider to get some
insight into why these were not amended on completion. But to satisfy the lender, they are requiring consent from the previous owners, which seems madness considering they do not own the property. Could you please advise on the quickest way we can resolve this issue / have these restrictions removed? 

Thank you,
Olivia 

Hi again, would you also be able to advise me as to who is normally responsible for removing such restrictions? or applying for these restrictions to be removed?  

Our conveyancer believes it should automatically drop off on completion, however that I’ve read is that the seller’s solicitor usually applies for these to be removed.

I‘d be grateful for any advice on what we can do or we can signpost our requests for action to. 
 

Thank you

Hi Olivia - there's no real 'responsibility' involved re removal of restrictions as they are either cancelled (owner or other party) or withdrawn (restrictioner)
However in this case, and as you suggest, it's odd that they remain on the register after the sale by the charity to you both. I would have expected them to have been complied with and then removed by us at the time automatically. 
Whilst that could/should happen on submission of the buyer's application I doubt if the buyer's conveyancer is going to complete on that basis. As such I would suggest your conveyancer raises a request to consider amending the register and if more is needed then a response will explain as much.
Let me know when they have reported the error and I can have it escalated as appropriate

Hi Adam, 

Thank you for getting back and explaining everything. Our conveyancer has now submitted an RX3 form (ABR C772CQT) to have these restrictions removed from the register and a request to expedite too. Is this what you were meaning by reporting the error? I would be very grateful for your help in escalating as appropriate of course or letting me know if all has been received and an expected timeline if possible.

Many thanks, Olivia

Hi Olivia - they have indeed submitted an application although it's not what I meant by report an error. They have also requested expedition so that will be actioned asap. Expedition generally means it is considered within 2 weeks, although usually much quicker than that. Everything then depends on it being in order of course.
Suggest you post again after the weekend for an update 
SX47145
 

Hi Adam, thank you. How could they report an error? Is there a form to do it? Is it likely to be a quicker process to the RX3?

 

Hi Olivia - they would have used our contact form . As they have chosen to apply using form RX3 and expedited it I would suggest letting that be processed rather than complicating the process for them

Ok thank you. Hopefully their chosen approach via RX3 doesn't slow it down too much. I will check back on Monday to see if there have been any updates.