Restrictions and Notices

What is the purpose of the RXC form?

• Used to add a Restriction to the Title

• Provides consent or certificate to comply with a Restriction

• Application to disapply or modify a Restriction

• Used to register a Home Rights Notice on the property

What is the Purpose of a Restriction on the Title?

• It tells you who owns the property

• Restricts what the seller is allowed to do to the property

• A restriction is used to protect third party interests which restricts dispositions of land

• Restricts the number of properties you can own

What is the #1 reason why registrations are delayed?

• Consent and Certificates required by Restrictions

• Discharge of Mortgages

• Discrepancy in names, variations between documents lodged

• Execution of Deeds

You see this Restriction on the Title. There are two people on the Title but one has died. How would you proceed?

• Need a certified Death Certificate for the deceased proprietor

• An additional Trustee will need to sign the TR1

• We need to add the Trustee to the Contract

• We need ID and ID1 form from the Trustee no more than 3 months old

On a Sale File how would you resolve this Restriction?

• The conveyancer has to certify they have received the sellers full identification before proceeding to Exchange of Contracts

• The certificate required to comply with the restriction must be signed by a conveyancer in their own name in wet ink

• You will also need to submit Form RXC with the certificate to the Land Registry

• The certificate must state “I certify”, not “We certify”.

How would you resolve the Restriction at B3 of the Proprietorship Register?

• Check the Lease to determine what Paragraph 5.11.2.1 relates to

• Certificate of Compliance required for Registration

• Check the LPE1 for any associated fees

• Providing two people are selling this will overreach the Restriction

What form is used to Register a Restriction on the Title?

• RX1

• RX2

• RX3

• RX4

You are acting on a Sale property, how would you resolve this Registered Charge on the property?

• DS1 signed and witnessed by all Proprietors of the Charge

• If not legally represented a completed ID1 form under three months old

• DS1 and ID1 form to be held on file following Completion if Individuals of Charge are not legally represented

• DS1 and ID1 form to be held on file prior to Exchange if Individuals of Charge are not legally represented

If you see this Restriction in the Proprietorship Register, how should you proceed?

• Try to remove with Form RX3

• Try to remove with Form RX4

• Try to remove with Form RXC

• Require Consent from Local Authority to the Sale. Local Occupancy Restriction

How would you proceed if you saw this Restriction on the Title?

• Remove with form RX3

• Check to see if the property has been offered back to the Council first

• Check to see if the Discount has expired

• Proceed to Exchange if the buyers solicitors did not raise an enquiry