Remortgage and title deed restriction

Hi&#160;<br> I am currently remortgaging my flat and taking out equity. During the remortgage completion my conveyors have identified a restriction on the title deed that is causing major delays for completion. The restriction is as follows:&#160; <p>RESTRICTION:- Except under an Order of the Registrar no Transfer Assent or other dealing by the proprietor of the land shall be registered unless and until a Certificate has been given by a Director or the Secretary or the Solicitor of Gloucester Court Residents Association Limited whose registered office is at Eltisley Road,&#160;Sandy Beds. that such a Transfer assent or other dealing does not contravene the provisions of Clause 3K of the registered Lease.’<br> I have informed my conveyor team that this is a remortgage with the same bank&#160;and no changes (I.e. transfer of assent) is being done. The registered owner remain the same, the mortage bank remains the same, only change is the sale price but they are saying a certificate is still required. However the company listed on the restriction is incorrect and a different management company currently handles this so my question is:<br> 1. Does the restriction apply in my case<br> 2. are we to correct the error (incorrect company) before accepting the certificate from the current management team. What forms can we use (RX1 and RX3? Or form AP1 can be completed)?</p>

Hi Oyem - the restriction would catch/bite as it also adds 'no other dealing'. An application to register a new legal charge (mortgage) is a new dealing&nbsp;<br> See PG 19 section 3 for guidance on how to apply to alter a restriction or cancel/withdraw it and apply for a new one as appropriate -&nbsp;<a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#applications-alter-restriction">Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK</a>

Hi,&#160;<br> thank you for replying my message. I contacted the freeholders and they have informed me that the company listed in the title deed restriction is incorrect, and is probably an error during the title registration. How do I check the documents sent for the title deed registered transfer submitted to land registration by my solicitors during the initial purchase?<br> Also what would be the quickest process, could we obtain the certificate from the correct management company and submit with the email from the freeholders as evidence with form AP1?&#160;<br> mum really confused on what to do, this issue has been going on for 4months and has costed me lots of financial problems and lost. I have attached the title deed copy, just need advice on how to quickly resolve this issue.&#160;

Hi Oyem - the restriction is as per the wording applied for at the time of the granting of the lease. If you have a copy of the lease - see clause K (ii) on page 5<br> PG 19 and 19A explain how restrictions work and what to do when the details re the protected interest have changed -&#160;<a href="https://www.gov.uk/government/publications/restrictions-and-leasehold-properties-pg19a/practice-guide-19a-restrictions-and-leasehold-properties#complying-with-the-restriction">Practice guide 19A: restrictions and leasehold properties - GOV.UK</a>&#160;<br> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

Good morning Adam,&#160;<br> Thanks for getting back to me, really appreciate your help. I have read PG19 and 19A and find it unclear of what documents would need to be completed in my case. As the management company listed in the restriction never existed and was incorrectly entered instead of the landlord. Hence the issue, we are not sure what evidence would be required to prove this and are having troubles contacting the freeholders.&#160;<br> <br> Regards,<br> Oyem

Good Morning Oyem - it's legal advice you need here and/or the assistance of the landlord as well.<br> If the lease and restriction are wrong then that presumably needs to be corrected and invariably that means cancelling the current restriction, applying for a new one and/or considering if the actual lease itself needs to be varied<br> We can't offer any more advice than what's in the PGs referred to so please do seek legal assistance to resolve matters