Restriction lifting query

Hello, 

My conveyancer is requesting that a restriction is lifted from a title which affects the property we wish to buy. (email exchange below).We are looking to buy CL361603 from a developer who within their plot has some shared estate road, for which responsibilities for maintenance are being put into a management company, and a requirement on our title to be a member. I understand the restriction is in relation to numbrt 1 Pskyes Meadow (previously known as Psykes Fold).

The selling solicitor is saying this doesn't need to be lifted, but he may be prepared to do this after completion, and offering an undertaking for this.

Wouldn't removing this restriction require the owners of 1 psykes meadow to sign an RX4? Or can the selling solicitor do this autonomously?
Thank you
Doug


The sellers conveyancer is stating:
The restriction referred to affects CL361603, however, the wording of it is: 
RESTRICTION: No Transfer or Assent of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that the provisions of clause 12.5.4 of the Transfer dated 19/03/2018 referred to in the charges register have been complied with or that they do not apply to the disposition. 
 
As such, as a conveyancer you (and indeed solicitors acting for future buyers that your clients may be selling to) can give the certificate to waive the restriction. I take the point that the covenants which are the subject of restriction could be said to be no longer applicable once plot 4 is transferred out of my client’s ownership, and I believe that is precisely the reason for the wording – to enable you to confirm to the Land Registry that it is not applicable and enable a sale. This is a practical solution and not one that would hinder a mortgage lender, in my opinion.

My conveyancer is saying:
I am aware of the wording but ask you to confirm why you think the Restriction doesn’t apply. This is a Transfer of the land affected by the restriction which by the very wording restricts the transfer without compliance with clause 12.6.3 which is an obligation to enter into a Deed of Covenant to observe and perform the covenants set out in 12.8.1 to 12.8.3. 12.8.1 imposes an obligation to “…clean inspect maintain repair replace and renew any Service Media which are now in over or under the Retained Land and which serve the Estate”, 12.8.2 imposes an obligation to pay to the Transferee (Plot 1 owner) a fair proportion according to use of the cost incurred by the owner of plot 1 for repairing that part of the Estate Road included in plot 1. 12.8.3 imposes an obligation to pay to the Transferee a fair proportion according to use of the cost incurred by the owner of plot 1 for repairing etc the Service Media situated on the Property, and which serve the Estate.
 
If you believe the Restriction shouldn’t apply we will want it removed and your client will need to obtain an RX4 signed by the beneficiary so that it no longer burdens the property.
 

Helo Douglas - form RX4 would be used by the restrictioner to withdraw their own restriction. If that's the owner of Number 1 then so be it. If the owner of the actual title or someone else wanted it removed then they would apply using form RX3 to cancel the restriction
The restriction wording makes it clear as to what confirmation of 'compliance' looks like. And if the restriction then needs to be removed the form RX4 or RX3 are available.
You do need to rely on your legal advice