How to remove a property restriction

Property restrictions are entries on the title deed which prevent various things from happening. These restrictions can be absolute or conditional (such as requiring third-party consent). The restrictions appear in Section B of the title deed. There are actually more than 30 different restrictions, but the most common three are mortgage restrictions, Form LL restrictions, and Form A restrictions.
Mortgage restrictions

Mortgage restrictions mean that you cannot sell your property, get a new mortgage, or transfer equity (all of which are referred to as ‘dispositions’) without the express consent of your current mortgage lender. These restrictions are usually absolute.

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To remove a mortgage restriction, you need to first write to the lender asking them to remove the restrictions. You should also include copies of supporting documents.

If the lender refuses to comply or does not respond, you can submit a request (and supporting documents) directly to the Land Registry. It is recommended that you engage a solicitor to handle this.

Form LL restrictions

Form LL restrictions are also known as “counter-fraud restrictions” as they are intended to prevent fraudsters from pretending to be owners in order to sell or mortgage a property. The restriction means that the proprietor’s identity must be verified by a solicitor before they can make a disposition or register a change.

To remove a Form LL restriction if you are the beneficiary, you can use Form RX4. If you are not the beneficiary, you can apply to cancel the restriction using the RX3 form. These must be filled in specific ways and sent to HM Land Registry.

Expert advice

If you are looking to remove a property restriction, many legal firms specialise in matters of this nature. Several of these have useful online resources, such as the examples seen here: https://www.parachutelaw.co.uk/form-ll-land-registry-restriction.

Form A restrictions

A Form A restriction blocks a sole proprietor or owner from making a disposition without authorisation from a court. These are often added when co-owners buy a property as tenants in common.

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To remove a Form A restriction, you will need to execute a deed that establishes your intentions. This needs to be registered with the Land Registry. You will need to submit an RX3, and provide a statement of truth in support of the application. It is also recommended that a Deed of Trust is executed to protect the interests of all parties.

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