RX2 application - British Railways Board

I have a client who is trying to sell a piece of land. There is a restriction on the title in favour of the British Railways Board who no longer exist. The Land Registry previously advised my Client that the BRB's assets were then transferred to The Secretary of State for Transport, London & Continental Railways and Network Rail Infrastructure Limited but that they could not advise as to which one of these bodies is now responsible. My Client argues that getting to the bottom of which body owns the tunnels under the land my Client is trying to sell (and is therefore responsible for dealing with the restriction) will likely be difficult and time-consuming and outweigh the value of the land which is only £20,000 . Accordingly, my Client wishes to proceed by way of an RX2 to disapply the restriction. However, before we put together the application, I wanted to enquire as to how likely the application might be to succeed.

Laura - on the face of it such an application it seems unlikely that such an application would be successful as disapplication isn't used where obtaining the consent is difficult, time-consuming or expensive. And the body that now has the benefit of the restriction can of course be traced albeit with a degree of effort&#160;<br> PG 19 section 3.9.1 explains when disapplication might be used<br> <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#disapplying-restriction">Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK</a>

Thanks Adam, I really appreciate the very swift response. This is what I have been advising my Client but I feel my Client needed to see this from yourself. Much appreciated.