Removal of restriction on purchased property

Hello,

We purchased a property in July and found out in September there was restriction. The sellers completed an application to the courts last week. Will this restriction be removed by the courts or does it still need to go to the land registry to be removed? Is there a time frame to when the courts will respond?
Our buyers are now wanting to move into ours but this restriction is holding everything up and worried we will lose our buyers. 

Title number: TY102220
 

Hello Roxanne - we don't deal directly with the court so no idea sadly as to what they might do and how swiftly.
The owners have applied to cancel the restriction. That was received on 8th Nov and it has been expedited so hopefully it will be considered shortly. 
From a purely registration perspective next steps rely on their application being in order and sufficient to warrant removing the restriction from the register. However as they are the ones applying to cancel it, rather than the restrictioner himself asking us to withdraw it, I suspect we will need to contact the restrictioner to ask for his consent. 
I mention this purely to manage expectations around timescales as if such wider checks are needed then there's usually a 3 week period given for him to reply. I would recommend speaking to your own conveyancer to confirm and also to doublecheck whether the court are involved or not. 
TY102220
 

Hi Adam,

Thank you that's great news. 

I believe that they have not been able to find the restrictioner himself and this is why they have applied to cancel the restriction themselves.

I hope we are close to the end.

Thanks for your help again Adam 

Hi Adam,

I just wanted to follow up on the application that was received on the 8/11/2024 for the removal of a restriction. I was wondering if you were able to provide me with an update on this is possible please?

Also, when you say the application will be considered shortly, does this mean the restriction will be removed or the application being looked into. How long does this process usually take?

Our buyers are now threatening to pull out of the sale and we may lose our sale because of this restriction. I just wanted to know where we were with the removal of the restriction so I can keep our buyers updated and keep the sale.

Any information/help would be greatly appreciated.

Thank you
Roxanne 

Hi Roxanne - the application is still waiting to be processed but that should happen soon. 
Expedition gets the application to the processing start line. That doesn't mean it will be completed as soon as the race starts as the registration requirements then have to be met.
In this case it's a form RX3 which is to cancel a restriction. There are usually 3 stages to the processing.
The first is has the form RX3 been completed correctly and does the request warrant removal of the restriction.
The second, which may not always happen but I suspect will, is referral to a senior officer to consider the supporting evidence - the applicant has set out in writing why they believe the restriction should be cancelled; and then 
The third stage is usually wider checks such as contacting the named restrictioner to seek their consent/objection. They are usually given 15 days to respond. 
So we need stages 1 and probably 2 to be completed before we can have a better idea re timescales. 
And of course stage 3 will depend on the restrictioner's response and if they object then the timescale becomes stretched again.
TY102220

Hi Adam,

Thank you for this. Could I ask what would happen regarding stage 3 - The sellers have not been able to find the named person on the restriction, I believe their solicitors have tried but have had no response. This is the reason for the RX3 form being submitted. 

I believe there was some debt on the property which is the reason for the named person but that debt is no longer there but the name/restriction was not removed. 

What would happen if this person cannot be reached?

Thanks
Roxanne

Hi Roxanne - they are given time to respond and if they don;t then the application is likely to be completed and rthe restriction removed. 

Okay that's great. Thanks Adam. 

Appreciate all your help.

 

Hi Adam,

I was just wondering if there was an update on the process of the application that was sent regarding the removal of a restriction? 
TY102220

Thanks
Roxanne

Hi Roxanne - We are waiting to see if we receive a response - if we recieve nothing by close of day on 9th of December then we will proceed and complete the application.

Hi Darren, 

That's great thank you. Will the application be completed on the 9th if nothing is received by the close of day? We are hoping to get everything completed before Christmas.

Thanks
Roxanne 

More likely be the 10th.

That's great. Thank you so much 

Hi, 

Please could you help me with a removal of a restriction on a title, our purchase is going on forever. :(

Hi Ruth - I would sugegst starting your own thread and providing the specifci details as well

Hello, 

​​​​​​I Just wanted to know if there was an update on the notice served? Has the persone responded as of yet?
TY102220

Thanks 

Hello Roxanne - no response as yet
TY102220

Hello,
I was just wondering if there was an update/response from the notice that was served? 
I know it's due to expire on the 9/12/2024 and wondered if anything has come back yet?
Thanks
Roxanne 

Hello Roxanne - nothing as yet
TY102220

Thank you Adam.