Douglas - worth checking exactly what it is that the issue is here as a form RX3 is used to apply to cancel a specific entry known as a Restriction. Easements and covenants are quite different and warrant their own entries and if an application to remove these was submitted then it would be a form AP1 plus supporting evidence as appropriate.
And if it is easements and covenants that are the issue how they are dealt with when the affected land/property are in the same ownership will also vary. For example, easements can remain but not be used if the benefiting land and subjective land are in the same ownership. If that's the case and the two titles can be amalgamated then they might fall through what's known as 'unity of seisin', as the benefiting and subjective land are in the same ownership - that's not a defect in the titles but simply something that can exist, perhaps be removed or simply understood and move on
Restrictive covenants are quite different again as there will be benefiting land, but the covenants don't fall under the same 'unity of seisin'. To remove restrictive covenants, you have to clearly identify all the benefiting land and then apply to cancel the entries - it's quite rare to be able to clearly identify the benefiting land but it is still possible.
The following explains how an application to amalgamate two titles can be submitted and considered although your conveyancer should be aware, and I suspect they are referring to the emboldened part re possibility of our refusal
An amalgamation is the joining of two or more parcels of registered or unregistered estates affecting different extents of land under a single registered title.
We do not amalgamate titles unless some positive advantage accrues to a number of prospective purchasers (such as an amalgamation of areas of land comprising a housing development), or the request does not add unnecessarily to our workload.
Amalgamation can only happen where:
- the estates are of the same kind [for example, freehold title]
- the estates are owned by the same proprietor[s] and in the same capacity [for example, if an owner holds one title as joint proprietor and another as sole proprietor, amalgamation of the two cannot take place]
- the impact upon any encumbrances on individual titles, such as mortgages, have been accounted for
If you wish to apply for amalgamation you will need to complete and submit:
- Form AP1
- a covering letter outlining the reasons for the request along with any supporting evidence [If you are being refused insurance, for example, then you should include a copy of that refusal with the application]
- a sufficient description or plan of the land being amalgamated
- a fee of £40.00 [cheques/postal orders to be made payable to HM Land Registry]
If an application is made it needs to be very clear as to what it is for and why it is needed.
As there is an urgency involved then a request to expedite it should also then be made after submission to ensure that it is processed asap. How long that then takes depends largely on the quality of the submission and whether 'more' is required. A rough estimate, if it is expedited and accepted would be 3-4 weeks but that's a very rough estimate
