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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34128
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Are there any more steps to removing a property restriction

Customer Question

Are there any more steps to removing a property restriction than sending off an RX4 form to Land registry that I need to be aware of and what are my rights in this regard by removing the restriction?
Submitted: 10 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 10 months ago.

Hi, I take it that you have the benefit of the Restriction? If so, has your interest (financial or otherwise) in the property come to an end? Al

Customer: replied 10 months ago.
I have the benefit of the restriction. My situation is complex as the restriction came from a divorce settlement when I had all 4 children living with me. Now 2 have gone to live with their father and the area has become increasingly unsafe, but he is unable to improve matters with the lien, so have no choice but to remove it as worry about the potential consequences.
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Can you give some further informtaion about the actual Order creating the restriction please

Customer: replied 10 months ago.
What would you like to know?
Expert:  Clare replied 10 months ago.

What was the wording of the settlement that led to the restriction?

Customer: replied 10 months ago.
The final charging order reads:
'The interest of the charging debtor M** J** O** in the asset described in the schedule below stands charged with a payment of the sum of &74107.05 the amount now owing under a judgement or order given on 7 Jan 2013 by the Basingstoke County Court with any further interest becoming due and the land registry fees of £80.
The costs are to be added to the judgement debt.'
Expert:  Clare replied 10 months ago.

So he owes you £74,000 plus and you are willing to let that go?

Customer: replied 10 months ago.
No. My position has changed since I have had mire information supplied and been misled by my ex. I have sent off an RX4 form to land registry who had asked for confirmation of consent and advised I get legal advice on matters before responding. How do ask to keep the restriction in place and tell them I withdraw consent please?
Expert:  Clare replied 10 months ago.

I am very relieved that you are not giving up you rmoney

Simply write to the Land Registry and ask for the return of the form and confirm that you no longer wish to go ahead

Please ask if you need some further details

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