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Posted Wed, 12 Jul 2023 08:54:27 GMT by Sophie C
Hello,
I posted about a month ago in relation to a property I am purchasing that had a significant delay regarding the titles on the property, which you helped greatly. 
I have since been told that the title deeds have restrictions on them that need to be removed and the contracts cannot be issued until this is sorted, causing further delay and stress. I am in a position whereby my mortgage offer will soon run out and I cannot afford the property with the rates as they currently are. Are you able to give any information about how long this will take or what they delay is (if this does sit with you)
The title number is SF683500 I believe and any help will be greatly appreciated. 
Thank you. 

Sophie. 
 
Posted Wed, 12 Jul 2023 10:32:22 GMT by Adam Hookway
Hello Sophie - there are two restrictions on the title but one of them is linked to the seller's mortgage so that won;t be an issue in the conveyancing process.
The other, if it needs to be removed, would need to be withdrawn or cancelled as appropriate. That hasn't been applied for as yet.
When they have lodged it they need to then request expedition to fast track the process but how long it then takes will depend on the type of application made. A withdrawal is usually quicker as the restrictioner applies. A cancellation can take longer as someone is asking us to cancel it and the restrictioner needs to be contacted to consent or otherwise to their interest being removed from the register
However until an application is submitted, and we know what type it is, there's little point considering timescales other than if they lodge it and then expedite it then it should be considered within 5-10 days. How long before it complete depends on the type as mentioned
Posted Wed, 12 Jul 2023 12:52:47 GMT by Sophie C
Thank you for getting back to me so promptly and your informative reply. 
I have been told that it is a B3 restriction which needs to be looked at. Would this be something that needs to be sent to yourselves? 
I have looked in the internet for answers to this but I’m drawing blanks.
Posted Wed, 12 Jul 2023 13:47:32 GMT by Adam Hookway
Sophie - the B3 refers to the entry number within the specific part of the register itself, namely the third entry in the B Proprietorship Register 
The seller would apply using form RX3 to cancel the restriction or the restrictioner could withdraw it using form RX4.
Posted Mon, 17 Jul 2023 12:46:35 GMT by Sophie C
Hello, 

I have had a conversation with my seller this morning about B3 restriction. Can you confirm whether this needs to be removed prior to a sale or wether the sellers conveyancer write a letter/certification that the provisions of the restriction have been complied with?
In short, does this needs to be removed for the sale to be completed?

thank you. 
Posted Mon, 17 Jul 2023 13:22:25 GMT by Nimish Patel
Hello Sophie - You need to speak to your solicitor or legal advisor on whether the restriction needs to be removed before the sale takes place.  That is not for HM Land Registry to comment. 

Once the sale has taken place and an application is submitted to register you as the owner, then we would require an application for restriction to be removed or the terms of the restriction to be complied with.    

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