How to Remove Restriction on Property with SAM Conveyancing. 3D wooden shapes of houses and a prohibition circle with diagonal cross bar
Do you need help removing a restriction?
Our experienced solicitors can remove your restrictions for a fixed fee.

Fixed Fees | Fast Removal
 

How to Remove Restriction on Property

04/08/2022
33
7 min read

What is a restriction on a property title?

Property is legally registered at Her Majesty's Land Registry. They hold the title deeds of each property which records its location, general boundaries and history of legal ownership.

Restrictions on a property title will appear in section B of the title deed and are entered for a range of specific purposes, which can prevent you from making a 'disposition', including a sale, a transfer of equity, or a mortgage (or remortgage).

These can be absolute, or depend on a condition - for example, you cannot register the sale & purchase of the land without the consent of a third party.

Most often, applications to place a restriction on a property are made by solicitors on behalf of the proprietor (the legal owner) or their mortgage lender. However, the registrar has the power to enter necessary and desirable restrictions themselves, for one of three specific purposes:

    1
    To prevent invalidity or unlawfulness in relation to dispositions of a registered estate or charge
    2
    To secure that interests which are capable of being overreached on a disposition of a registered estate or charge are overreached
    3
    To protect a right or claim in relation to a registered estate or charge

If this happens, the proprietor will be notified of the entry.

What if my property is unregistered?

If you take ownership of, or mortgage, a property which is not yet registered, you should, and in many cases must register it yourself.

You can do this by making a Land Registry first registration.

How do I remove a restriction from my property?

You will need to provide evidence for why the restriction is no longer required.

If you are the beneficiary (or have the beneficiaries consent):

You can withdraw a restriction using RX4.

If you are not the beneficiary:

You can cancel a restriction using RX3.

Forms and fees must be sent to to HM Land Registry's Standard Address.

Is removal different for different types of restriction?

There are over 30 different standard form restrictions which we list out in Land Registry Form A Restriction and other restrictions explained.

Each one will require a slightly different approach and many are best tackled with the help of a property solicitor. We break down the top 4 that we deal with most often, below.


How to Remove Mortgage Restriction on Property

Mortgage restrictions block you from making a disposition without your lenders consent. The same type of restriction can also be used to protect the interest of other non-owners who have the right to benefit from the sale, for example a 'second charge' - where the property has been used to secure a loan.

Mortgage restrictions are often absolute and so become problematic when the lender fails to remove the restriction after you have paid the amount owed, in full.

Step one: Write to the lender

Request them to remove the restriction, providing copies of supporting documents. This is most effective when drafted by a solicitor.

Step two: Apply to Land Registry

If the lender refuses or does not respond, submit evidence of discharge and removal request directly to the land registry, along with supporting documents. This is often most effective when handled by a solicitor as the Land Registry have specific requirements which must be met. It may also require a statutory declaration.

"(DATE) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated DATE in favour of LENDER referred to in the Charges Register."


How to remove Form A Restriction on property

Form A restrictions block a sole proprietor from making a disposition without court authorisation. They are entered when co-owners buy or register a property as tenants in common .

Step one: Apply to Land Registry

As well as RX3, you will also need ST5.

Step two: Define your interests

SAM Conveyancing highly recommends that you also have a Deed of Trust executed to protect both parties' interests in the property.

"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."


How to remove Form LL Restriction on property

Form LL is a restriction which means that the proprietor must have their identity verified by a solicitor before they can make a disposition or, in some cases, register a charge. This is a security measure to prevent someone from pretending to be the owner in order to sell or mortgage a property that doesn't belong to them.

Step one: ID Verification and Certificate of Compliance

A solicitor will need to verify the proprietor's ID - with advances in tech, this can now be done by video conference for ease and convenience. The solicitor will issue a certificate of compliance if they are satisfied that the person in question is indeed the legal proprietor.

Step two: Apply to Land Registry

Submit form RX3. This can be done by your solicitor.

"No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that the conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor"


How to remove Bankruptcy Restriction on property

This restriction is entered onto the title when one or more of the legal owners have been made bankrupt. It requires the applicant for registration of a disposition (or their conveyancer) to first notify the debtor. It cannot be removed until the debtors have been repaid.

Step one: Write to debtor

Sometimes the debtor simply needs a nudge to remind them to remove the restriction. Include supporting documents to evidence that the debt has been settled.

Step two: Apply to Land Registry

If the debtor refuses or does not respond, you will need to apply to the Land Registry for removal of the restriction, including evidence of discharge and of your request to lender for removal.

This can result in further requisitions from the Land Registry, especially where the debtor disputes the settlement of the debt. It is best to instruct a solicitor to handle this.

"(DATE) Restriction: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to DEBTOR at ADDRESS, being the person with the benefit of an Interim charging order on the beneficial interest of made by the COUNTYCOURT on COURTDATE (court reference REF)."

Frequently Asked Questions

This very much depends on the restriction itself, but usually yes, you can sell a property with a restriction - if the conditions can be met.
The Land Registry don't automatically cancel restrictions, cancellations must be applied for as described above. However, a registrar may cancel a restriction that has 'clearly become superfluous'. (Practice guide 19).
Most applications to enter or remove a restriction with the Land Registry are processed within 2-3 weeks, though some take longer. If the registrar is not satisfied that they have enough information to enter or remove the restriction they will make requisitions (ask for more information). If this happens, it will probably delay things by 6 weeks or longer.

You can ask for the Land Registry's expedited service which aim to consider your application within 10 days. This is free but is granted based on individual circumstances - you will need to have a good reason to jump the queue.

People also search for

Change from Joint Tenants to Tenants in Common

Change from Joint Tenants to Tenants in Common

07/04/2022
35,734
Land Registry Form A Restriction and other restrictions explained

Land Registry Form A Restriction and other restrictions explained

24/07/2019
12,106
Form LL Restriction

Form LL Restriction - Protect your property from fraud

08/04/2022
7,245