Restriction on title

We have found out there is a trust attached to the title of a house we are buying & cannot exchange contracts until the restrictions are cancelled. What info do you need from the seller's solicitor to do this and how long will it take if expedited?
We are at risk of loosing our buyers if we do not exchange contracts soon!
Thanks
Linda

Linda - if they are a trust restriction then we'd normally require a form RX3 and ST5 completed to confirm that the trust has come to an end 
If it's expedited then processing usually happens within 2 weeks and everything then hinges on what they've provided being in order/sufficient
The forms are standard and invariably it's the facts that are the key as to how the trust has come to an end so the restriction is no longer needed. It's the how it's come to and that tends to be the hard but to explain or confirm as trusts can be complex

It seems it's a straight forward family trust so if so,can the sale proceed without removing the restrictions with the solicitor providing a certificate to ours to say the terms of the trust have been met? Or if the trust is dissolved now,is it necessary still to remove the restrictions?

My solicitor is saying its common for property to be held in a family trust and it's only usually dissolved after the sale of the property?

Linda - trusts 'dissolve' in all manner of ways so general comments rarely cover it sadly. The devil is always in the detail so what's the title number involved please and what's the specific transaction that's now delayed?
I can try and put some context into the answer that way as whilst the trust may dissolve after the sale they can still stop you completing, sometimes, so the restrictions have to be removed to enable your solicitor/lender to complete

The title number is EX587327.
the seller's solicitor hasn't sent the title deeds to my solicitor yet because of the restrictions on title I think though my solicitor doesn't see there is a problem! We are waiting to exchange contracts on buying the property mentioned,2 Riverside Walk. The first named owner Gladys Endecott has dies over a year ago & the other 3 named all wish to sell as soon as possible

Linda - many thanks, noted and understood.
So you've actually got 3 separate restrictions all linked in varying ways to the 'trust' that exists it seems. I am sure your solicitor is correct that there's nothing to be concerned by providing the seller's can satisfy the restriction requirements or have them cancelled as appropriate.
Far more likely that they will seek to comply with them as part of the completion though but that will largely depend on whether the trust no longer exists or not.
The first restriction is a form A (joint proprietorship) restriction so provided the sale is being completed by the other 3 then that does not catch the sale/purchase and will fall away on registration of your purchase
The second restriction is a form B restriction and needs to be complied with so a stat dec (ST5 as mentioned) or the seller's own conveyancer certifies that the sale is in accordance with the trust
The third restriction is a form C restriction and presumably also catches as the surviving reg'd owners are also the personal reps as mentioned. Again the restriction wording explains what's required to comply with it as appropriate.
So all in all I doubt if there's anything to worry about other than how long it takes the sellers/their conveyancer to gather the required information to enable them to comply with the restrictions as appropriate - where the time comes into play is  that the conveyancer will need to look at the trust itself and also understand what the surviving owners (trustees) are prepared to do themselves or share to enable the conveyancer to provide their own certificates.
I suspect the conveyancer will ask them for the ST5s and if provided and sufficient they would smooth the way to completion. They would not generally speaking be seeking to cancel the restrictions prior to the sale completing but the conveyancers will know more on that score
Hope that helps but please do rely on your own conveyancer here as they will know what's required and the seller's conveyancer are already on the case I'm sure
 

Hi again,
I understand for the seller that there is no covenant or anything on the trust & as they are the owners of the property is it right that their solicitor can now send the title deeds to mine just advising that the sale is being done in accordance with the trust?

Hi Linda - that may be possible as per my reply above and very much depending on what your own solicitor is prepared to accept and perhaps more importantly are they able to provide the certificates as mentioned 

Hi,
o.k. if the restrictions remain on the title can the sale progress to completion as long as the seller's declare via their solicitor that the house is being sold in line with the trust? So,nothing needs to be changed on the title as it would happen after the sale has gone through & we go onto it as the new owners. This is really holding up our purchase & the seller's solicitor doesn't seem to know how to deal with it! 

Linda - again very much a call for your conveyancer and not ourselves. What can or cannot happen will depend on them and, if there's a mortgage in play re the purchase, then the lender has the main say re when and how you can complete

Hi again,
we now have it confirmed that the trust is NOT being dissolved & the owners are also trustees so what does the seller's conveyancer need to provide to mine re below

My solicitor sent me the following:
the seller's conveyancer needs to provide us with an undertaking to provide the required documents for the land registry as set out in the restrictions on title

 

Hi Linda - what it effectively states on the 'tin' (register) and what your solicitor sent you. So the certificates/consents I referred to in my post from 9 days ago

o.k. so are we saying form ST5 & is the certificate from the conveyancer RX3?
Just trying to be clear exactly what is required & then? so the restrictions come off once the sale completes but the forms/certificate need completing before completion so they come into play once we take ownership? Is that right?
Sorry to keep asking but it's been so very stressful!

Linda - forms RX3 (cancellation form) and ST5 (statement of truth) can be used together to apply to cancel a restriction. 
If I have understood you correctly your conveyancer is asking the seller's certificate to provide the necessary certificate (not a form) to comply with the restrictions. And if that's provided then when your application to register is submitted the restrictions can then be cancelled as they related to the seller/trust which does not involve you.
No apology necessary but these are all Qs your conveyancer should be answering for you and not HMLR. Your conveyancer deals with all pre-completion matters. Our involvement is post-completion so we deal with what's submitted rather than how you got to completion and submission.
And I apologise as in trying to answer your Qs I have probably added to your stress by explaining things when your conveyancer should be doing that for you. In my own experience the more Qs you ask the more information you get and that can then lead to even more Qs and increases the stress.
Whilst understanding what's happening is important it would be rare for you to be able to influence or change anything re what the seller's need to be doing to enable your conveyancer to agree to exchange/complete on the purchase. Such things are stressful and I would suggest focussing solely on 'when are we going to exchange/complete?' and nothing extra 
 

Hi,
Urgent help needed! The seller's conveyancer is now saying she is going to make an expedited application to remove the restrictions on title before we can exchange! This has been dragging on and we could loose our buyers now. If it is expedited, is it 10 working days from when it is received or when you start the work?  Is there any way of this happening quicker?

Hi Linda - If we approve expedite, then we aim to process the application within 10 working days from the date of approval of expedite. 

Whilst we complete over 94% of the expedited applications within 10 working days, it would be helpful to clarify that expedite means the application is treated as a priority after that request has been approved. How long it then takes is entirely up to whether the application can be completed there and then or not. If the evidence provided is sufficient, and no additional actions are required, then great. But if the evidence is not sufficient or we need to carry out some additional actions then the timescale will be stretched.  It is important to realise that expediting an application does not shortcut the registration process and requirements in any manner.

There is no other way to speed up the matter, and as at the moment there is no application against the title as well.  
 

HI thanks for your reply.
Looking at the restrictions on title to be removed. Is there any reason, if you are given the correct info when applying that the application won't be approved? The sale of the property needs this or the sale will fall through
Thanks

Hi Linda - Each application is dealt with it on its own merits, and it depends on the correct forms and appropriate evidence being submitted.  It would not be appropriate to answer your question in a hypothetical basis. 

HI,
The seller's solicitor is making an expedited application to remove the restrictions on title of number: EX587327
If these restrictions are not removed prior to exchange the house sale will be in danger of falling through.
If the required forms RX3 & ST5 are submitted and in order,looking at the working of the restrictions,is there any reason why it would not be accepted?