Removal of restrictions on title

Clair - thanks for confirming the title number. I would recommend waiting until the application has been received at our end, expedited and processed before doing anything else.
I note that there are two restrictions on the title, the form A one you referred to, and a second one specific to the trust created.
I suspect you actually need to apply to remove both restrictions to enable the remortgage to take place but that will have been made clear by the lender hopefully in their correspondence with you/your Mother
But as I said, please hold fire on doing anything else as I can add the shared details from here to the application as appropriate. The casework team can then correspond with you and advise on what's required. You can then engage with and respond as appropriate with them rather than through this forum
SGL393109   
 

Thank you for getting back to me. We do in fact have a filled out RX3 form which I was going to send along with the rest of the forms. Is there a way to add that to the application before it starts being processed. For example would I be able to email to other to yourself or a colleague. 
we were made aware of the two restrictions however we were told only the form A needed to be removed. If both are needed to be removed how would we remove the other one? 
So once received we will be able to contact someone directly and add further information to the application. We would not need to start the application again? 

How long roughly will this whole process take? sorry for the constant questioning it just we need this all resolved as soon as possible and we also need to let the convenience team know so they can continue their work. 

sorry again and thank you so very much 

Clair - you need to be led by the lender here as to what needs to be removed etc in order to allow them to lend.
There are 2 restrictions on the title and together they indicate a trust/tenancy in common exists. 
It;s unclear rom what you have shared as to whether that trust/TIC has come to an end and your Mother is now the sole legal and beneficial owner. That's going to be the key Q to consider when cancelling one or both of the restrictions.
You can submit anything you want to be added to the application and use the contact form to do so or post them as well
We can't tell you what to do and that's very much something you have to decide for yourself and I would always recommend getting legal advice and would assume that you have a conveyancer involved in some way if Mum is looking to mortgage the property - the lender would normally insist on one being involved.
I have recommended you hold fire though until your paperwork is received, it has been expedited and then contact established with the casework team
Expedition generally means it will be considered within 10 working days so a case of waiting for contact
If you prefer to do something else and submit more then post or the contact form option remains 

Hi there it’s Clair again just wanted to leave a message here as I’ve had a small development. I have been advised that both my mum and myself as trustees of grahams will need to sign a deed dissolving the trust. I wanted to make sure that this information is correct. I also wanted to ask if my application has been received yet and if there was a case handler I could get direct contact with. 

many thanks 
Clair Raulston 

Hi Clair - the advice reads as if it is sound as whilst removal of the form A restriction may achieve one thing for the lender/you the second restriction also relates to a trust and refers to it specifically. That second restriction requires a conveyancer's certificate that any new mortgage is in accordance with the trust and from what you posted previously that doesn't appear to be the case.
So an application to cancel both would appear to be the 'best' course of action to take but you do need to rely on your legal advice as mentioned before.
The application has not yet arrived and there is no service whereby direct contact with a caseworker is achieved. If you wish to add more information then the contact form I linked you to is the one to use.

Hi Clair - so your application has arrived and it's now showing in our systems waiting to be processed. I have flagged it with colleagues to expedite it (fast track) so it should be processed in the next week or so.

The casework team will then contact you as part of the casework process, not via this forum.

Do you want me to add any of the details you have shared on the forum to the application itself or would you prefer it to be treated on merit and dealt with as appropriate?

SGL393109

Hello, can you please check the progress of removing a restriction off a property we’re buying if I provide you with the title number? The solicitors sent the express request a few days ago. Thank you

Hello Kasia - yes, we can check
You may wish to create your own thread to do so

Hello, 
I am hoping for some help and advice. We put an offer on a house in July and in September told there was a restriction on the property. This is still an ongoing issue as the named person cannot be found to get their consent for the house to be sold. We have asked their solicitors to get in touch with the land registry to see if this can be removed but they stated that they do not believe they will be able to supply them with sufficient evidence to satisfy them that they have exhausted all avenues. They don't seem to be very proactive or see the urgency in this.
What avenues do they need to exhaust before they can move forward with this to the land registry. We are now at risk of our buyers pulling out of our sale due to the amount of time this is taking.

Any help would be very much appreciated.
Thanks
 

Hello Roxanne - the devil will be in the detail here as to what type of restriction it is and what it's intended to protect as well as whether they can then apply to cancel it or get the restrictioner to withdraw it. 
Some restrictions can for example also be 'dissapplied' but again very much depends on the circumstances
Notices, restrictions and protection of third-party interests (PG19) - GOV.UK
I would strongly recommend pressing your conveyancer on the matter 

Thank you Adam,

I believe that the sellers have been to the courts regarding this as they do not have any paperwork relating to this. Although I am not sure what the details of going to the courts are.  However, our solicitors have been pressing their lawyers on this matter but they don't seem to be doing anything and leaving their sellers to do the work. I think the issue is them not being able to find the named person to move forward with this matter. 

I am unsure what else to do if the sellers lawyers are not chasing this.

Thanks

Roxanne - courts can be involved for a number of reasons especially if the restriction was linked to a court order of some sort. Or, albeit rarely, in cases where the named individual cannot be found and is presumed dead for example
Do you know the property address/title number involved perhaps?

Hi Adam,

Yes I have the title number - TY20337
 

Hi Roxanne - many thanks although that's a developer's title with no restrictions. I imagine the property concerned was removed from that title when sold

I have the property address if this would provide further details
292 Leechmere Road, SR2 9DF

Roxanne - many thanks so assume it's the leasehold for that property as registered under title TY102220
There's a consent restriction in favour of a named individual so what we have posted already applies as what's needed etc  

Thank you for your help Adam