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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10632
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I want to apply to the land registry to have a restriction

Resolved Question:

I want to apply to the land registry to have a restriction removed from my property which was applied by a creditor approx. 13 years ago. All outstanding debt was settled in full approx. 11 years ago but the charge was not removed at the time. I have now found out that the creditor's business was dissolved and I am unable to gain proof that the debt was settled. I have evidence from Companies House that the company is no longer trading as it was dissolved (in 2006) but that is all. What process do I need to follow to remove this?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

You will need to apply to the Land Registry using an RX3.There is no fee payable. In the panel which says " Give reasons why the restriction should be cancelled" you will need to say that- the debt was paid off 11 years ago but never removed by the creditor, which has subsequently been dissolved.

The Land Registry are then under a duty to write to the address of the Company, as stated on the Deeds, and give them 28 days to object to the removal of the Restriction. Sounds daft, but it is the procedure they have to follow.
After this time period has elapsed, and no response received from the Company, the Land Registry will then remove the Restriction for you.

Hope this helps!

Kind Regards
AL
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