Awaiting Title Restriction Removal

Hello,

We are in the process of buying a property, and our solicitor has informed us that there were originally three restrictions on the title. Two have now been removed, but one still remains.

We sold our house to avoid being in a chain, but this issue has been ongoing since August, and we are becoming increasingly worried about the delays. To better understand the situation, I purchased the title from HM Land Registry, which still shows the restriction as unresolved.

Could anyone advise on how long we should typically expect to wait for the resolution of this remaining restriction? Any insight or guidance from similar experiences would be greatly appreciated.

Thank you,

Chris

 

Hello Chris - I'm sorry to read of the issues you are facing. This forum, whilst public, isn't one where users share their experiences so I doubt if you will get any wider comments 
There's nothing typical with regards trying to remove 3 restrictions from one title. The devil will be in the detail re timescales and more as each removal will be made on merit and based on what has been applied for, the supporting evidence provided and what wider checks might be needed
If you want to share the title number then happy to offer a view based on own experience re working for HMLR

Hi Andy,

Thank you for your response. The title number is DU47411. Could you advise who is mainly responsible for getting something like this cleared would it fall to the solicitor handling the matter, or is it the responsibility of the property owner?

Any guidance would be much appreciated.

Hi Chris - the restriction is known as a form K restriction and is registered to protected a charging order against one of the joint owners.
If you are buying then generally speaking it's for the conveyancer/seller to discuss and resolve as appropriate.
Our PG 76 section 4 explains how such restrictions might be dealt with when a property is being sold and how this type of restriction might be automatically removed when registering the purchase. Very much something to discuss with your conveyancer to find a way forward
Practice guide 76: charging orders - GOV.UK