How to Remove Restriction on Property

Claudine Boast
16/05/2023
7 min read
How to Remove Restriction on Property from Parachute Law
 

What is a restriction on a property title?

A restriction on a property title is an entry on the title deed which prevents you from selling the property, transferring the equity, or getting a new mortgage (these are called dispositions). A restriction on property can be absolute, or it can be on the condition of a specific event, such as getting the consent of a third-party. Any restrictions will appear in Section B of the title deed.
 
The registrar may enter a restriction, without anyone applying for one, if it appears to them that it is necessary or desirable to do so for the purpose of:
  • preventing invalidity or unlawfulness in relation to dispositions of a registered estate or charge
  • securing that interests which are capable of being overreached on a disposition of a registered estate or charge are overreached
  • protecting a right or claim in relation to a registered estate or charge
 
The Land Registry registrar will notify the proprietor if this is the case.
 

What does restriction on land registry mean?

There are over 30 different standard form restrictions that can be registered over your legal title at the Land Registry. Here are the most common 4:
 
 
Mortgage restrictions are applied so that you cannot make any disposition without the consent of your mortgage lender. This restriction on your property could be absolute, blocking any disposition until it is removed. Any restrictions will appear in Section B of the title deed.
 
Mortgage restrictions become a problem where the Lender has not removed the restriction on your property even after you have paid back the amount owing.
 
You might also place a restriction on a property to protect the interests of any non owners who have the right to benefit from the sale. For example where the property has been used to secure a loan. The restriction would bring attention to the fact that any proceeds from the sale must first repay the debts before being transferred to the seller.
 
How to remove restriction on property: Mortgage restrictions
 
Remove a Mortgage Restriction
Restriction Wording
Cost to remove and documents required
  • Review Land Registry Restriction
  • Draft a letter to your lender including your supporting documents requesting them to remove the restriction. We need to evidence to the Land Registry we have attempted to get the restriction removed by the lender.
 

What if your lender doesn't reply/remove the restriction?

For an additional fixed fee of £360 INC VAT we can:
 
  • Submit evidence of discharge directly to the Land Registry with all supporting documents and evidence of request for removal.
  • Replying to further requisitions. No refund is due if you are unable to remove the restriction.
 
We do not guarantee your restriction will be removed if the party with a mortgage/charge restriction does not consent to remove it.
"(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."
£260 INC VAT
 
Evidence of original debt, bank statement showing payment in full and letter from lender confirming debt satisfied.
 
 
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The Land Registry will not remove the restriction without the consent of the Beneficiary of the charge, either by END, DS1 or DS2. If we cannot get the lender to cooperate by any of the above methods the restriction will not be removed.
 
It is incredibly rare for this scenario to arise where the debt has been satisfied. However, if this happens in your case, you may instruct our litigation team to make an application to court for an order to have the charge removed.
 
 
Form A, is registered when joint owners buy a property as, or register as, tenants in common. (Click to read about why you may wish to register as tenants in common)
 
Remove a Form A Restriction
Restriction Wording
Cost to remove and documents required

Change from Joint Tenants to Tenants in Common Quote

Included in our Fixed Fee:
  • Removal of the Form A restriction with a Form RX3,
  • Filing a Cancellation of restriction statement of truth with a Form ST5 at the Land Registry
  • The disbursement costs such as ID fee, office copies and Land Registration charges.
 
We will charge extra for:
  • Reviewing an existing deed of trust. Where there is already a deed of trust in place our solicitor needs to review this to ensure you can change from tenants in common to joint tenants. The additional fee for reviewing the deed is £120 INC VAT.
"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."
£260 INC VAT
 
Signed deed of trust and/or signed Land Registry Form and/or joint tenant notification evidence.
 
 
Form LL is a restriction which means that for any disposition of the property (or registered charge, if applicable) to be registered, a solicitor must confirm, by certificate, that they are satisfied that the person who is trying to execute the disposition is the registered proprietor. It is a security measure which prevents someone who does not legally own the property from being able to sell it.
 
You normally apply the restriction on the title when you purchase the property, however you can apply it at any time. You can remove it at any time using a solicitor to provide a certificate in line with the wording in the restriction.
 
If you are remortgaging or adding a party to the title, and you also want to remove the restriction you will need 2 separate certificates from a solicitor:
 
 
The Land Registry won't allow you to use the certificate for the transaction to use to remove the restriction.
 
Provide a verification certificate for a Form LL
Restriction Wording
Cost to verify and documents required
  • review the information relating to the verification.
  • a video conference meeting to verify your identity.
  • Provide a Certificate of Compliance in accordance with the Form LL Restriction drafted specifically for the type of transaction undertake. We do not provide any advice regarding the transaction you are undertaking.
 

Please note we will charge extra for:

  • Removal of Form LL Restriction. We can remove the Form LL restriction which means you won't have to get your ID verified again when you make any further changes to the legal title (remortgage/sale) and our fee is £260 INC VAT.
  • Failing to attend your meeting. You can change a booked meeting time by giving us 24 hours prior to the meeting taking place. We will cancel the booked meeting and charge you a £50 rearrangement fee if: i) you rearrange less than 24 hours before the meeting time, ii) you are more than 15 minutes late for the meeting, iii) you fail to attend the meeting), iv) you do not provide in full all of the required documents for the ID1 or v) you do not provide adequate ID during the meeting.
"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"
£175 INC VAT to verify ID for one owner via video conference or £250 INC VAT for two owners.
 
Video call verifying your ID and (if applicable) witnessing the signing of the requisite document. We do not witness mortgage deeds remotely.
Remove a Form LL Restriction (anti-fraud)
Restriction Wording
Cost to remove and documents required
  • review the information relating to the verification;
  • a video conference meeting to verify your identity;
  • Provide a Certificate of Compliance & letter of consent in accordance with the Form LL Restriction for the purpose of removing it;
  • Submitting application to the Land Registry to remove the Form LL restriction;
  • Disbursement costs such as ID fee, office copies and Land Registration charges; and
  • We will handle all possible requisitions raised by the Land Registry.
 
We do not provide any advice on the transaction you are undertaking.
"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"
£260 INC VAT to verify ID for one owner via video conference or £310 INC VAT for two owners.
 
Video call verifying your ID and (if applicable) witnessing the signing of the requisite document. We do not witness mortgage deeds remotely.
 

We can verify your ID to meet a form LL restriction

Our solicitors can verify your ID so you can register your disposition, or remove the restriction altogether. Click here to book your appointment now.
 
 
Qualified Solicitors | Competitive Quotes | Straight Talking Legal Support
 
 
Where you are made bankrupt the court will register the following restriction over your title:
 
08/12/20X1 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.
 
Remove a Bankruptcy Restriction
Restriction Wording
Cost to remove and documents required

What's Included:

  • Review Land Registry Restriction
  • Draft a letter to your lender including your supporting documents requesting them to remove the restriction. We need to evidence to the Land Registry we have attempted to get the restriction removed by the lender.
 

What if your lender doesn't reply/remove the restriction or you don't have the right documents?

For an additional fixed fee of £360 INC VAT we can:
 
  • Contact the party with the order requesting the removal.
  • Submit evidence of discharge directly to the Land Registry with all supporting documents and evidence of request for removal.
  • Replying to further requisitions. No refund is due if you are unable to remove the restriction.
 
We do not guarantee your restriction will be removed if the party with a mortgage/charge restriction does not consent to remove it.
"(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."
£240 INC VAT
 
Evidence of charging order, letter from lender confirming debt satisfied and (if applicable) bank statement showing payment in full.
 
Qualified Solicitors | Competitive Quotes | Straight Talking Legal Support
 
 
 
Do you know how to remove your restriction?
To remove a mortgage or bankruptcy restriction you need to have the right evidence. To avoid paying to remove your restriction and finding you don't have the right evidence you can book a meeting with our solicitor at a cost of £199 INC VAT to:
 
  • Review all of the Land Registry restriction/s, restriction documents and any other supporting information
  • Meeting to discuss with you what you need to do to remove the restriction (lasts no more than 15 minutes). The cost for removal will be an additional fee.
 
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