RX2 Expedited, is it possible to chase?

Good afternoon, our solicitors had sent an RX2 form on the 2nd of December to correct a mistake on our title, it was expedited and 10 day sla was over on the 17th of December but it has still not completed and is potentially going to mean our sale falls through.&#160; Can you confirm what is causing the delay please?&#160; Our title is&#160;EX964825, is this the correct reference which you need?&#160; Are you able to confirm how much longer we can expect this to take please?<br> <br> Kind regards,&#160;<br> Lloyd

Good afternoon Lloyd - The application is currently with our lawyers for consideration.&#160; It has been expedited so is being treated as priority but I am not in a position at the moment to tell you how long it may take.&#160;<br> <br> It may be helpful to clarify that the 10 day target on expedite is for the application to be looked within that time.&#160; How long it then takes to complete depends on the what work is involved and if there are any queries or additional actions we need to take.&#160;<br> <br> I will nudge my colleagues to see if there is anything they can do to speed it up.&#160;&#160;&#160;

Thank you Nimish for your prompt response.<br> <br> Anything you or your colleagues can do would be very much appreciated. The deadline for exchange was the 19th December but has been extended to the 9th of January (this Friday), after this the sale potentially falls through.&#160;&#160;<br> <br> Again, thank you very much for your help.

Lloyd - Noted. I will update you if I have any information.&nbsp;<br> EX964825

Hi Lloyd - Following consideration by our lawyers, the application cannot proceed and so has been cancelled.&#160; We have written to the conveyancers this morning and explained our position.&#160; I would suggest you discuss the matter with the conveyancers and how to proceed.&#160; &#160;<br> Apologies for the delays but I do hope this is of some help.&#160;&#160;&#160;

Thanks for prompt help, wish I had come sooner.&#160; I'll go chasing our solicitors.&#160; Thanks again, it's much appreciated.

After speaking with the conveyancers, it sounds as if Land Registry refused the change to simply correct an error on the title in referring to clause 4.22 and not clause 4.21 in respect of the original transfer of the property, instead opting to cancel the request and ask us to apply to remove the clause and apply a new one with the correct wording... surely this is the same thing in a long more complicated way.&#160; Why would LR do this and cause delays and not take a pragmatic approach?&#160; This was expedited because the sale could fall through and this almost guarantees it, very annoyed by this.&#160; Is there a way to challenge this please?

Lloyd - sorry to read that this has happened. The land register is created and updated by following a set of registration rules that rely on correct/appropriate applications and prescribed forms. Whilst pragmatism can play a part in some scenarios if an error such as this was made when applying for a specific restriction then that error can invariably only be corrected by following the same process namely apply to cancel it and then apply to register a new restriction<br> If you wish to complain/challenge that process then you can use our complaints procedure to do so -&#160;<a href="https://www.gov.uk/guidance/how-to-make-a-complaint-to-hm-land-registry">How to make a complaint to HM Land Registry - GOV.UK</a>

Thank you, that makes sense.&#160; I just fail to understand why it took LR over 4 weeks to advise this.&#160; Why is an RX2 available if amendment isn't possible?&#160;

Lloyd - an RX2 is available for a very specific set of circumstances where modification is available. Where an 'error' has been made in applying for a restriction often the only way to make amends is to cancel it and apply for a new one.&#160;<br> PG 19 sets it all out in some detail re the guidance available -&#160;<a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register">Notices, restrictions and protection of third-party interests (PG19) - GOV.UK</a>&#160;<br> As to why it takes so long to respond that comes down to the significant number of applications being processed at any one time. The complexities of such errors/amendments and more invariably require senior officers/lawyers to consider what is being applied for/requested.&#160;