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Manchester Conveyancing Lawyers | Ford Banks Irwin Solicitors - The Property Solicitors in Manchester on Transfer of a House / Flat / Apartment.

Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

. . . continued from page 18

Transfer of a Apartment / Flat / House

Removal of a restriction entry

Removal of restrictions:

Depending on its terms, a restriction may continue to have effect despite numerous changes of proprietorship, other dispositions and the lapse of time.

Conveyancing Solicitors and Property Lawyers intending to take a disposition of a Property or Mortgage against which a restriction has been registered should therefore consider whether:
- the disposition will be affected by the restriction and, if so, whether they can comply with its terms
- the restriction may affect any later disposition they may wish to make.

In appropriate circumstances Conveyancing Solicitors and Property Lawyers should take steps to ensure the restriction will be cancelled or withdrawn before committing themselves to complete the disposition.

Applications to cancel a restriction:

Cancellation is the term used in rule 97 Land Registration Rules 2003 to refer to an application to cancel a restriction that is no longer required.

Any person may apply to cancel a restriction. The application should be made in form RX3 and no fee is currently payable. This may change and the current Fee Order should be checked before submitting the application.

Where the application to remove the restriction is made by or with the consent of the people having the benefit of the restriction, application should be made to withdraw the restriction using form RX4 unless it is one of those restrictions which cannot be withdrawn.

Land Registry will cancel the restriction if they are satisfied that the restriction is no longer required. The application should be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, Land Registry will usually notify them of the application and give them an opportunity to object to the application before cancelling the restriction.

Applications to withdraw a restriction

Withdrawal of a restriction is the term used in section 47 Land Registration Act 2002 and rule 98 Land Registration Rules 2003 for an application by or with the consent of all people with the benefit of the restriction for it to be removed from the Property Deeds. If Land Registry are satisfied that everyone with the benefit of the restriction has consented to the application, Land Registry will remove the entry without having to investigate whether the restriction continues to serve any purpose.

The application should be made in form RX4. The fee due is set out in the current Fee Order.

Restrictions of the following types cannot be withdrawn (rule 98(3) Land Registration Rules 2003):
- those entered to prevent an unlawful or invalid disposition by a proprietor whose powers are limited by statute or under the general law;
- those entered by someone who was under an obligation to apply;
- any that the Registrar is obliged to enter;
- those entered to reflect a limitation in an Order of the Court or the Registrar or a limitation in an undertaking given in place of an Order;
- any that the Court has ordered the Registrar to enter.

If one of these restrictions has ceased to apply, application to cancel the restriction should be made by the Conveyancing Solicitors and Property Lawyers. It should be noted that a restriction in standard forms A, B, C, U, V, W, X or Y will almost invariably fall within the above list. The Registrar has been advised by Counsel that a form JJ restriction falls within section 41(1)(a) LRA 2002 and so cannot be withdrawn.

The application should generally be made by or with the consent of everyone who appears to the Land Registry to have an interest in the restriction. In general, the interested people are the present holders of the interest protected by the restriction.

Conveyancing Solicitors and Property Lawyers should note that under rule 98(1) and (2) Land Registration Rules 2003 an application for the withdrawal of a restriction should be accompanied by the required consent. The required consent is:
- where the restriction requires the consent of a specified person, the consent of that person
- where the restriction requires a certificate to be given by a specified person, the consent of that person
- where the restriction requires notice to be given to a specified person, the consent of that person
- where the restriction requires the consent of a specified person, or alternatively a certificate to be given by a specified person, the consent of all such people
- in any other case, the consent of all people who appear to the Registrar to have an interest in the restriction.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 20 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Apartment / Flat / House 20)

Please telephone Paul on 0161 866 8999 if you require any further information.

Ford Banks Irwin Solicitors
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Manchester
M32 9HB

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