Restriction

I have an error on my title deed referring to a clause that does not exist. How can I get this amended? It looks as though it was a typo. 
 

thanks 

Amber - you should report the 'error' using our online contact form - Public guidance: dealing with land and property - GOV.UK

Hi Adam

It Has a deed attached to it. Will that make any difference? 
 

it’s a private road clause saying we have to pay towards the up keep. However we have been here 5 years and never had to pay as we are not on that road. 
 

I have confirmation from the management company to say we don’t pay and aren’t on the road. It was a generic clause added to all properties but does not relate to my property. 
 

thanks Amber 

Hi Amber - there's a difference between an error made in the conveyancing and an error made on registration and it reads as if it's the former and not the latter here. So the 'typo' you mention was in the transfer deed itself. 
If so then I would suggest that you either need the Management company to consider withdrawing the restriction (form RX4) or your applying to cancel it (form RX3 plus the confirmation you refer to) - see section 3 Notices, restrictions and protection of third-party interests (PG19) - GOV.UK

Okay, I am supposed to be moving house in 2 weeks. How quickly can this be looked at? Would it be quicker if a solicitor did this? The management company said they won’t remove it. 
 

thanks 

Amber - if you are using a conveyancer then it might be prudent to ask them to submit it. They can then request expedition as a second stage to hurry the process. 
Everything then depends on it being in order of course.

We have asked the builders solicitors to do this as there is a deed of variation on the restriction.
If i give the title deed could you check to see if any amendments have been actioned?

Thanks Amber 

Amber - happy to check the title number if you think they have done as asked already

NT547435. 44.2 is the one. Thanks 

Amber - no application submitted against that title as yet. But I see you have been contacting us via our contact form as well so I would sugegst waiting for the support team to respond via that contact so as not to duplicate enquiries and risk confusion in replies
NT547435

Hi Adam

Is there a deed of variation filed against this title? 

thanks Amber 

Hi Amber - if you mean has an application been submitted to register such a Deed then the answer is a No
NT547435

There should have been a deed of variation filed against this title dated April 2017. This is in relation to restriction 44.2. B4. 

Amber - no Deed of Variation was submitted at the time of the registration of the restriction against that particular title.
When an application is made for a restriction to be included there is no obligation to then submit the specific deed it might refer to. 
If you are trying to remove the restriction then I would recommend using form RX3 and submitting supporting evidence to confirm why the interest never/no longer exists. If it was an error at the time of registration it would appear to have been a conveyancing one as the application to enter said restriction was submitted correctly and register correctly also.

Yes it seems it was a conveyancing error and it shouldn’t have been put on there. My solicitor today is going to file the form. We are due to complete in 2 weeks so I’m just really hoping this will get removed as soon as you guys can do it as not to hold up the sale. This has taken 5 months to get to this point and we have a buyer In the chain saying she is pulling out if we don’t complete on the 13th December. 

thanks again for your help. Amber 

Amber - I'm sorry to read that it has taken that long. They will need to submit their application first. Then request expedition. 
The main caveat here is that everything will depend on their submitted application being sufficient to enable us to remove the restriction without the need for wider checks. If it's not and we have to contact those named in the restriction to seek their consent, then it is very likely to be delayed. 
I mention this purely to try to manage expectations as we won't know if all is in order and no checks required until we have the application and it has been processed. 
Fingers crossed everything goes in your favour re the imposed deadline
NT547435

Okay no worries. The evidence we have is from the management company with whom the restriction lies with. It is an e mail from the manager confirming we do not and never have paid towards the private road and that we are not on it. I hope this is enough! 

Hi
The RX3 has been submitted, is there a way I can get an update of the progress? 

thanks Amber 

Hi Amber - it has. I would suggest posting again on Monday for an update to see if progress has been made. Expedition isn't a magic wand sadly but processing will start asap.
NT547435

Thank you!!