Removal of restrictions on title

Hello, we are buying a property. However, it has restrictions on title deeds which is really becoming stressful for us because we need to move out of our rented property very soon. The sellers solicitors have made an application to remove the restrictions on 31 May 2024 and was approved to be expedited. My question is how long does it normally take to remove the restrictions if it has been expedited? Thank you

Hello Karen - Each application is processed on its own merits so it would not be possible to say how long it may take without knowing what's happening. 

Whilst we complete 95% of the expedited applications within 10 working days, it would be helpful to clarify that expedite means that the application is treated as a priority after that request has been approved. How long it then takes is entirely up to whether the application can be completed there and then or not. If the evidence provided is sufficient, and no additional actions are required, then we will aim to complete it straight away.  But if the evidence is not sufficient then the timescale will be stretched as the person / firm who submitted the application may need to resolve any issues and/or we may have to complete some additional checks.  It is important to realise that expediting an application does not shortcut the registration process and requirements in any manner.

If you can provide the title number or the property address then I can have a look to see what's happening. 

 

HP157275. Thank you.

Karen - Thank you for the property details which I have deleted for privacy reasons. 

I have examined the title for the property and cannot see any application currently pending with us.  There was an application submitted on 28 May 2024 which was expedited and completed on 13 June 2024.  However, this application was not for removal of restrictions. 

I would suggest you speak to your solicitors to establish what is happening. 

HP157275

We were told that they are sorting the removal of restrictions. Can you please confirm if the restrictions are still there? Thank you so much for your help.

Karen - There are restrictions on the title. 

Hello, i want seek advise please. I have asked the sellers solicitors and they said that there is a charging order in favor of a financial institution? Is that correct? The sellers said it has been paid already but this financial institution said they dont recognize this charging order.

My question is what is the process to remove this on the title. 

Karen - that is correct. The restrictioner can apply to withdraw it (form RX4_ or the owner/conveyancer can apply to cancel it (form RX3)
We now have an application from FirstPlus to cancel their restriction which relates to one of the charging orders on the title

May I know how long will it take to process? Will that application remove all restrictions on the title? Thank you so much for your help. 

Karen - it's only applying to remove one of the charging orders/restrictions. Average wait times are a few months but if you need all the restrictions removing then you still need more applications to be made.
The two charging order restrictions can often be dealt with as part of the sale/purchase - see PG 76 section 4. I'd be relying on my conveyancer here to help identify what's required to enable the sale/purchase to complete

Haii ,
May I know who is responsible for removing the restriction B4 in Land registry in a property purchase process.

Haii ,

Haii Alexander - B4 on which title?

Hello, it’s me again. Are you able to help me check if the application to remove the charges/restriction has been processed please? Thank you. 

Hello Karen - the application against HP157275 was processed on 17th July. However we couldn't complete it as the submitted forms were incomplete. We contacted the applicant but they have yet to respond

Thank you for your reply. 

Hi there, I am hoping you can help me. A family member has applied and been successful for a mortgage on her property. The property has a restriction on it as half is held in trust. The mortgage cannot be completed with the restriction. The beneficiary has signed all the relevant documents to dissolve the trust but we are struggling to find a conveyancing solicitor who can remove the restriction. My niece has now sent in all the paperwork to you. We are not too sure if this will work? We are On a very tight timeframe as the money is being used for something very important that needs to be paid By mid August. Please can you help at all? Thank so much!

Good evening, I am hoping you may be able to help me. 

Just a quick break down. My mum and uncle were tenants in common. My uncle passed and his half of the property has been put in trust for myself. This has put a form A restriction on the title. We have only just discovered this as my mum has applied for a mortgage. Mum has been successful with the mortgage however we are struggling with finding a soliciting agency that will remove the restriction. 

I as the beneficiary have completed an RX4 form. Yesterday I sent the RX4 form, my uncles will, title deed, mortgage offer letter and a covering letter written by my self and my mum with both our signatures and contact information on to the land registry. On the covering letter I have ask that this application be expedited. 

My reasoning writing on here is one to ask if I have done the right thing with the correct documentation. Also wanted to know if this would in fact lift the restriction and if it will how long it will take? 

many thanks
Clair Raulston 

G M Clair - unfortunately you can't withdraw a form A restriction, which is the type you are referring to. You can only apply to cancel it (form RX3)
If you've sent off the paperwork and a request to expedite then the request is unlikely to be spotted as the paperwork is simply scanned into the system and the request is unlikely to be read/actioned.
What's the title number you have applied against please - I can then check when received and flag it with colleagues to expedite. It can then be processed and a request issued as appropriate to ensure that you provide the correct form and information - please don't try to remedy matters yet

SGL393109   - thank you for your response, so this will not work and I’m not to send an RX3 form to your selves now?