I have just had some RX4 restrictions returned to me from HM Land Registry - apparantely they were the wrong form! (evem though I had a long conversation with HM Land Registry to enquire as to the correct from)
I have now been told that I need RX3 from to remove a RX1 form A.
Hm Land registry told me that I should read practice guide 19 as to the completion of this form - which I will do later. However they said I should seek legal advice if I was unsure of anything in the RX3.
I have just had a look at Form RX3 on the land registry site and the way I read it is:-
Box 1 Local Authority serving the property – if you have a copy of the title register, this will be shown just before the address of the property - something like – Hertfordshire : North Hertfordshire
Box 2 Title Number of the property – this will also be on the title register
Box 3 The property address
Box 4 Fee paid, put figure in there (sorry, don’t know how much, give LR a ring) and tick the box to say you are sending a cheque
Box 5 The Applicant – the person applying for the restriction to be removed – I am assuming that is yourself
Box 6 Your contact details, don’t worry about filling in the panel number, that would be a solicitor’s land registry panel number
Box 7 Evidence to show that the restriction can be removed – not sure what the restriction is but you will need to send the original of whatever document gives permission for the restriction to be removed, I would also send a certified copy of the document, you can get a solicitor to take a certified copy and I would also get a second certified copy of the document for your records and just in case the original gets lost – so you would list it as (1) original (name of whatever document it is) (2) certified copy (name of whatever document it is)
Box 8 The applicant applies to cancel the restriction registered on(property address)in favour of (whoever the restriction is in favour of) against the title number(s) listed in panel 2. The application relates to
- tick whichever box is applicable
Box 9 State why the restriction is to be removed
Sign and date it
I would then ring the land registry again and talk them through what you have stated on the form, ask for the correct fee amount and get the name of the person you spoke to and send it off
Thankyou so much. When I spoke to Land Registry they were a little unhelpful, to say the least and said they were not legally qualified and therefore could not advise me!! However I am self repping so need to understand this. If I get (for example my Decree Nisi or judgement from a FH) certified by a solicitor, will they charge me for this do you know?
Classic, no help when you are trying to get it right but send it back when you get it wrong !!!
If you go to a solicitor they can charge but it shouldn''t be more than a fiver but if you first talk nicely to a helpful receptionist they may just take a coupe of copies for you and certify them as all they are doing is photocopying an original and certifying they are a true copy of the original - worth a go, but if that fails I am not sure if a Court will certify copies for you for no charge, I know they will allow you to swear an oath for no charge, might be worth giving your local court a ring to see if they would do you a couple of certified copies.