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My wife and I own a leasehold property as Tenants in Common; I've checked and our Land Registry title register indicates this in "section B: Proprietorship Register"

RESTRICTION: 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.

We wish to revoke this and become Joint Tenants and I have been pointed towards government form RX3 however this states:

Use this form to cancel a restriction if you are not the beneficiary.

If you wish to cancel a joint proprietor (Form A) restriction, you can use form ST5 to provide the necessary evidence to cancel the restriction but you still need to complete form RX3 as well.

I don't know what a "Form A" restriction is and I thought my wife and I were the beneficiaries. Instructions also say to "include the correct fee" but the fee list page does not make it clear to me which category this is in. There's even a handy fee calculator but again, I can't see which is the right option.

I know from dealing with HMRC that if things aren't perfectly right I am likely to just get it back without much explanation. Solicitor's quotes for this work are coming in at several hundred pounds and it seems like this should be something we can do directly.

Can anyone clear up the process and my confusion?

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    The official advice mentions that you may not need form RX3 - but other paperwork is required. There is no fee.
    – Steve Melnikoff
    Jun 29, 2022 at 11:42
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    @SteveMelnikoff I never knew that section of the website existed... this is extremely helpful. I think your comment really answers the question if expanded slightly, there's not much more to it
    – Mr. Boy
    Jun 29, 2022 at 14:12

1 Answer 1

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The gov.uk website has a page devoted to this specific matter.

With reference to the issues mentioned in the question:

  • It seems to imply that form RX3 may not be necessary: "Download and fill in the form to cancel a restriction, if one has been registered."
  • Regarding the cost: "Send the form and documents to HM Land Registry’s Citizen Centre. There’s no fee."

As the website makes clear, even without form RX3, there are still a number of other documents that must be submitted. It also states that you can apply yourself, or use the services of a legal professional.

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