DIY restriction removal?

by Readers Question

15:08 PM, 2nd October 2018
About 2 months ago

DIY restriction removal?

Make Text Bigger
DIY restriction removal?

My buying solicitor back in 2006 had the previous owners charge removed from the property.

However, I have found out it is still on the restrictions.

The now selling solicitors want to charge me £150 plus vat to remove it this old restriction from Land Registry.

Does this seems a bit pricey and can I do it myself?

Many thanks

Islay



Comments

Neil Patterson

15:12 PM, 2nd October 2018
About 2 months ago

There is an RX3 and a RX4, but I am sorry I would not know where to start so the fee could end up saving money in the long run.

Ian Narbeth

10:55 AM, 3rd October 2018
About 2 months ago

Islay
I surmise that the restriction protects the now cancelled charge. If that is not the case, then you may have to pay the solicitors. If I am right in my assumption then download Form RX3 from https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3
Fill it in and give as a reason in Box 9 that the charge it protects has been cancelled. Send it in to the Land Registry.

Kate Mellor

22:15 PM, 3rd October 2018
About 2 months ago

You’ve already paid to have this charge removed. You don’t have to pay again. It’s not uncommon for solicitors/conveyancers to make these types of errors. Contact the solicitor who was supposed to do it and send them the transaction details. They probably have the completed document on file that was never lodged. They will usually do it for you quite quickly, especially if you explain the situation is time sensitive. They don’t want a claim against their liability insurance for your losses if your sale falls through.

Ian Narbeth

10:08 AM, 4th October 2018
About 2 months ago

Kate
Fine in theory but Islay may find the firm no longer exists, the conveyancer who acted has left, the conveyancer is now a partner and has no recollection after 12 years and will delegate to a junior who has to start over, the firm will have to do due diligence on Islay because of new KYC checks, the firm may be reluctant to spend time investigating an alleged mistake 12 years ago without asking Islay for money on account, and the file may have been destroyed.
The previous firm is unlikely to "jump to it"for a matter where (a) Islay does not want to pay them a penny (b) they may not have made a mistake and (c) they have to spend more than £250 of fee earner time to look into the matter and (c) Islay's maximum loss is £150 so she can mitigate her loss by paying the new solicitors.
Alternatively, she can follow my suggestion and do the job herself.

Kate Mellor

19:58 PM, 4th October 2018
About 2 months ago

Reply to the comment left by Ian Narbeth at 04/10/2018 - 10:08
Wow, 12 years ago. 2006 seems like yesterday. I didn’t spot the length of time. In that case the mistake is probably out of time to be rectified by the original firm.

Had it been more recently you would have a very good chance of getting it resolved. Even if the original firm had gone out of business the firm that has taken over their clients also takes on their liabilities. I’ve had to go back to solicitors twice to correct mistakes after only two or three years and one of those firms was no longer trading but they sorted out the error post haste in both cases. But, as you rightly say there’s a BIG difference legally between three years and 12 years! Saying that, if it were me and I had all the documentation/emails to prove that it should have been done I’d at least check if they were still around and send them an email along with all the proof. They may well resolve it as a gesture of good will.

I know doing it yourself may be simple enough if you know how, but the website doesn’t tell you everything you need to know in my experience.

Also what is the restriction for? A lot of restrictions can’t be removed by the vendor. A couple of years ago I had to hunt down someone who twenty years ago had an agreement to lease registered on a commercial property of mine and the lender would not complete on the remortgage until it had been removed. Land registry wouldn’t remove it on my solicitors application. This restriction was from a previous owners time. I had to physically hunt them down on their doorstep and ask them to sign the forms to remove the restriction. Luckily they were company directors so their details were a matter of public record. A lenders restriction has to be signed by the lender to have it removed. So, not always as easy as it may seem.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

The places where Buy to Let still pays off

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More