Restriction removal

A solicitor was instructed solely by a 3rd party to create  a beneficial Trust for him. The same solicitor completed and entered the rx1 application based in this trust. But I was the sole applicant on the RX1 on my own title?  .  But i never gave  permission or met with this solicitor ever, nor had any representation in the matter, with him or otherwise .  but I understand this solicitor acted for me especially for the restriction without my knowledge.  It was 3 years before I even knew about it.  If the land registry call him to account and demand . it will show he did not follow their procedures . He stated to me he entered this in ‘good faith’. ? ? 

I have been led a merry dance legally for years - it’s been a total of 8 years since the restriction . Im thinking as the applicant can I alone then can file fir withdrawal of same restriction ?  on the basis this solicitor had no authority to act to enter this for me on my title? Or is it more complicated ? 
 

Kay - you can apply to cancel/withdraw the restriction as appropriate - see our PG 19 for guidance on how to do that based on the type of restriction you are referring to Notices, restrictions and protection of third-party interests (PG19) - GOV.UK
If the restriction is one specific to a trust then our PG 24 might be more relevant but again all depends on the restriction involved - Private trusts of land (PG24) - GOV.UK

Thank you Adam for your reply. 

The solicitor solely for the beneficiary created a very simple Declaration of Trust. Tenants in common equal 50% share, so as I under It if property is sold he gets half. BUT his rights were assumed .. under family law - to ownership,  but the property was not a family home but a commercial property (buy to let Mortgage from onset 8 years previously all solely in my name) .

This solicitor had no contact directly with me so never knew this. nor, as I said was I represented at any point in these dealings, but (my initials /(simple) ‘signature’) appear on all the documents including the RX1 but I never had any contact directly or indirectly with this solicitor.  

Since beneficiary assertion and at Civid lockdown he has lived in the property exclusively for over 5 years, having changed locks and using security measures. The law has said  he has no rights to possess (only to ‘interest’ when sold) so I have no powers to sell or do anything except continue To pay the mortgage as I have substantial value that I alone have invested. I believe the solicitor did not act lawfully as I did not figure directly in this anywhere. I’m told I must await a trial, meanwhile I’m 62 and still paying my mortgage every month to a property I have no use of. The beneficiary acts as if it’s his and has misappropriated it by having building alterations/planning consents  without notifying or gaining my consent. 

As I have been ‘paralysed’ by this for 8 years.
So even with the Declaration of Trust can I haBe the restriction withdrawn having apparently been the sole applicant on it ? I have always been told not by legal guidance.

if the ‘beneficiary’ wishes to continue to court thereafter I have no issue with this, only that I dint have to wait fir trial and stay in this position fir another  2 years ? 

Kay - it reads as if they applied for and registered a form A/joint ownership restriction - see PG 24 for details
If so then it can only be cancelled using form RX3 along with supporting evidence to show that the trust it protected has come to an end.
We can and will only consider the matter once the application and supporting evidence has been submitted
In light of your wider comments re courts/timescales and more to date I would recommend seeking legal advice as to whether the trust remains and if not what evidence would be required to prove that alongside such an application, if made.