Removal of Restriction From Land Title (including trust restriction)
We assist clients with the removal of restrictions from the title register at HM Land Registry, including trust-related restrictions and those linked to past ownership or management arrangements.
Remove Restriction From Land Title
At Mounteney Solicitors, we assist clients with the removal of restrictions from the title register at HM Land Registry, including trust-related restrictions and those linked to past ownership or management arrangements.
A restriction may have been added to a property’s title for a range of reasons. Over time, these restrictions can become outdated or no longer relevant. This often happens during a change in ownership, such as an assent or a transfer of equity. In other cases, there may be no change to the legal ownership, but the original reason for the restriction has fallen away. Common examples include restrictions linked to historic leases, management companies, or situations where a trustee has become solely entitled to a property following the terms of a will.
We begin by reviewing the circumstances and advising you on the correct approach. We then prepare a statement of truth, oversee its execution, and submit it to HM Land Registry with the appropriate form. Our team handles the entire registration process and will keep you informed of the outcome.
Although this process may appear straightforward, it often requires careful handling to ensure it is accepted by Land Registry. We provide clear legal guidance and efficient service to help ensure the restriction is removed properly and without unnecessary delay.
Our Team of Specialist Solicitors
What is Form RX3?
Used to cancel a restriction that is no longer required or valid.
Form RX3 is an HM Land Registry form used to apply for the cancellation of a restriction from a registered property title. It is generally used where the restriction is no longer required because the interest, obligation or arrangement it was intended to protect has come to an end.
Unlike Form RX4, an RX3 application does not depend on the person who benefits from the restriction simply agreeing to withdraw it. Instead, the application must be supported by evidence showing why the restriction should no longer remain on the title.
This can arise in a number of circumstances. For example, a restriction may relate to a trust that has since ended, an obligation that has been satisfied, or an arrangement that is no longer relevant. An RX3 application may also be appropriate where the person benefiting from the restriction has not taken steps to withdraw it, but there is sufficient evidence to demonstrate that it should be cancelled.
The evidence required will depend on the wording of the restriction and the circumstances in which it was originally entered. This may include a statement of truth, supporting declarations or other documents explaining why the restriction has ceased to serve its original purpose.
We can review the title and underlying circumstances, advise whether Form RX3 is the appropriate route, prepare the supporting evidence and deal with the application to HM Land Registry on your behalf.
What is Form RX4?
Used to withdraw a restriction with the consent of the person or organisation benefiting from it.
Form RX4 is used to apply for the withdrawal of a restriction from a registered property title where the person or organisation benefiting from that restriction agrees that it should be removed.
The important distinction is consent. An RX4 application is made on the basis that the beneficiary of the restriction, or their authorised legal representative, is expressly giving up the protection that the restriction provides.
For example, this may apply where a lender or private charge-holder agrees that a restriction can be removed after an obligation has been satisfied. It can also arise where an individual who benefits from a restriction connected with a trust or other property arrangement agrees that it is no longer needed.
The person entitled to the benefit of the restriction will normally need to provide the appropriate signature or authority for the withdrawal. It is therefore important to establish exactly who has the benefit of the restriction and whether they are able and willing to consent before the application is prepared.
Our Property Solicitors can examine the restriction, confirm whether an RX4 application is suitable, obtain or review the necessary authority and submit the application to HM Land Registry for you.
Money Matters
The circumstances which led to a restriction having been registered at HM Land Registry against a land title might change, leading to the requirement for the redundant restriction to be removed. Often this arises on a transfer of the legal title, for example an assent or transfer of equity, it can also arise when there is no change in the legal title, examples include the removal of defunct restrictions relating to leases or management companies, or when a trustee becomes fully beneficially entitled (this might occur, for example, when a tenant in common leaves their share to their co-trustee in their will). The process is surprisingly convoluted, and requires considerable legal expertise and experience to navigate smoothly.
Trust Restriction Removal from Land Title (£300)
This fixed-fee service is strictly dedicated to the standard removal of a trust restriction (typically a “Form A” restriction) from a property title.
What is included:
- Obtaining and reviewing the Official Copy of the Register of Title to analyze the specific wording of the trust restriction.
- Drafting the necessary HM Land Registry forms (such as an RX3 application to cancel a restriction or an RX4 application to withdraw it).
- Preparing the supporting legal evidence, which usually involves drafting a Statement of Truth (Form ST14) or a Statutory Declaration detailing the dissolution of the trust, and advising you on how these documents must be correctly signed and witnessed.
- Lodging the completed application and supporting evidence (such as certified copies of a Death Certificate or Grant of Probate) with HM Land Registry.
- Managing and responding to any standard administrative requisitions raised by HM Land Registry regarding the application.
What is not included: Investigating or corresponding with third parties regarding other types of property restrictions (e.g., unilateral notices, charging orders), resolving disputes between joint owners, or curing complex title defects that require separate conveyancing work.
Example: Removing a standard “Form A” restriction when a surviving joint proprietor has become the sole legal and beneficial owner following the death of the other joint owner, requiring the restriction to be lifted so they can sell or remortgage the property.
Other Restriction Removal from Land Title (billed hourly)
For all other restriction-removal situations that fall outside a standard trust restriction, work is charged on a time-incurred basis depending on the complexity of the issue.
What is included:
- Phase 1 (Investigation & Diagnosis): Time spent by our legal team obtaining title registers, corresponding with you to gather the background history of the restriction, and formally diagnosing the exact legal and procedural treatment required to address it.
- Phase 2 (Treatment & Execution): Executing the bespoke work required to achieve removal. This may involve tracing and communicating with third-party beneficiaries, creditors, or their solicitors to negotiate consent, drafting bespoke deeds of covenant or complex statements of truth, preparing the appropriate HM Land Registry forms, and formally lodging the application.
What is not included: A guaranteed fixed total cost or guaranteed successful removal (as non-standard restrictions often require third-party consent that could be withheld). The final fee will depend entirely on the time required to investigate the background, draft the bespoke documentation, and resolve the specific situation.
Examples: Investigating the validity of a complex unilateral notice or charging order, corresponding with a dissolved company or an uncooperative former spouse whose formal consent is required to lift a restriction, or handling the complicated removal of a bankruptcy restriction (Form J or Form K).
Remove Restriction + Register a New Trust (Combined) (£600 - save 30%)
We will ascertain the scenario, advise, then engage to draft the necessary statement of truth, and new trust deed and see to their execution, then file them with HM Land Registry with the necessary form RX3 and RX1, progress the registration application, and report the result.
This is a combination of our Removal of Restriction from Title and Declaration of Trust services at a 30% discount.
If the terms on which a property is being held change then a restriction relating to the holding should be revised, a surprisingly convoluted process that requires considerable legal expertise and experience to navigate smoothly – actually involving (in order) the removal of the old trust restriction immediately/simultaneously followed by the entry into of a new trust arrangements, and the registration of a new restriction relating to the new trust.
This might arise, for example, when co-owners agree to revise the relative shares on which they hold a property.
Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim.
There is more info about our fees here
If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.
FAQs For Removal of Restriction on Property
How do I remove a restriction from a property title?
A restriction can usually be removed by making the appropriate application to HM Land Registry, supported by evidence showing why it should no longer apply. Depending on the circumstances, this may involve Form RX3 to cancel the restriction, Form RX4 to withdraw it with the beneficiary’s consent, or another Land Registry application where modification or disapplication is more appropriate.
Why is there a restriction on my title deeds?
A restriction may be added to a property title to protect someone’s legal or financial interest in the property, or to control how certain transactions can take place. It could relate to a trust, a management company, a lease, a debt or another arrangement affecting the property.
How long does it take to remove a restriction from a property title?
A straightforward application to remove a restriction may take around 3 to 4 months, although more complex cases can take considerably longer depending on HM Land Registry’s workload and whether further evidence is required. HM Land Registry’s current published guidance shows that processing times vary significantly by application type, so any timeframe should be treated as an estimate rather than a guarantee.
What is a Form A restriction and how can it be removed?
A Form A restriction is commonly entered where a property is held on trust, often where co-owners hold the beneficial interest as tenants in common. It may be removed when the trust or beneficial ownership arrangement has come to an end, usually by applying to HM Land Registry with Form RX3 and appropriate supporting evidence, such as Form ST5 where required.
Contact us to Remove a Restriction from a Land Title
If you need to remove a restriction from property, our team can guide you through the process and handle the legal work on your behalf. We will assess your situation, provide clear advice and prepare the necessary statement of truth before submitting the required forms to HM Land Registry.
Restrictions are often no longer needed after certain events, such as a transfer of equity, an assent or changes in beneficial ownership. Whether the restriction relates to a trust, a management company or a historic lease, we will deal with it carefully and ensure the application is progressed properly.
We will manage the entire process from drafting through to registration and confirmation, keeping you updated along the way. Our goal is to make the experience clear and efficient from start to finish.
We also offer a combined product (30% off) for property trust restructure that includes removal of current trust restriction from title and trust declaration.
With offices in Bramhall, Cheadle, Hazel Grove and Heald Green, we assist clients locally across Stockport and Greater Manchester. Remote appointments are also available if preferred.
Contact us today to speak with one of our Property Solicitors and take the next step towards removing a restriction from your property title.
