Removal of restriction added in error

Hi. Whilst trying to re-mortgage my property and remove my ex-husband's name from the title I have discovered that a restriction was added in error when the property was first registered. Nobody else I have spoken to on the new-build estate has this restriction.

My conveyancing solicitor has contacted the restriction holder and they have agreed to remove the restriction and provided the necessary paperwork. However my conveyancers will not move forward without agreement from the restriction holder to deal with any queries relating to this.

If the removal has been agreed and I have evidence that this restriction is not on other properties, are there likely to be any queries?

The title deed number is WSX320813

Hi Kate - we can very rarely be definitive re what in effect is a hypothetical Q as so much relies on the actual specifics involved and the paperwork then submitted.
However in general terms if you have the consent/agreement of the restrictioner then there should be no real issue 
Whilst no other titles having the same restriction can be relevant the 'error' could have been on all those titles and a restriction should have been added on those in the same way as it was on yours.
The real point here is that if you have both things you refer to, namely an error and the restrictioner's consent then there's unlikely to be anything else you can get and you have the bases covered when applying.
But we won;t know until the application is submitted and then considered fully. If you are trying to remortgage then I'd suggest lodging the application and then requesting expedition to keep the wait time to a minimum
 

Hi, thank you for the quick response. I have been trying to get this resolved for months.

I will ask my conveyancers to submit the RX3(?) form even without the agreement regarding subsequent queries. Despite agreeing to removal, the restriction holders have ignored any requests to agree to deal with subsequent queries for 6 weeks now and I need to progress this before my mortgage offer expires.

Kate - RX3 is for you/your conveyancer to apply to cancel. Form RX4 can be used by the restrictioner to withdraw their own restriction
Do ensure that once they have submitted it that they then request expedition using the linked (dedicated) channel for doing so