HM Land Registry produces a number of proforma documents to use in conveyancing transactions. Some are prescribed, others are merely recommended (but generally more reliable than freehand alternatives). The forms are designed to simply the registration process by making it more uniform, but that only works if the forms are completed correctly. This guide will help you to decide what to put where and avoid mistakes that can cause errors or delays.
RX3
Link to form on gov.uk: Land Registry form RX3
The RX3 is used to cancel restrictions where the applicant is not the beneficiary. Some supporting evidence will generally be required to show why the restriction is no longer required.
| 1 | Local authority serving the property | Take this from the official copy of register of title at the start of the Property Register, for example if it says West Yorkshire : Leeds then enter Leeds |
| 2 | Title number of the property | The title number, from the official copy of register of title |
| 3 | Property | The address of the property (as per the Property Register) |
| 4 | Application and fee | The application is "cancellation of restriction" and is pre-populated. There is no fee |
| 5 | The applicant | This will be your client if you are a conveyancer, or you if you are representing yourself |
| 6 | The application is sent to Land Registry by | This will be your details if you are a conveyancer or else you if you are representing yourself. If you are not a conveyancer (or you are but do not have a Land Registry business e-services account) then you will not have a key number and you can leave this blank. |
| 7 | Documents lodged with this form | Any supporting evidence that shows why the restriction should be cancelled such as statements of truth, certificates or statutory declarations |
| 8 | Application | Do not alter any of the pre-populated text. Enter the date of the restriction and the name(s) of the beneficiary(ies) or, if the restriction does not explicitly name a beneficiary (for example a form A or a form LL do not) then enter "no named beneficiary". Check the appropriate box. If the restriction is in the Proprietorship Register it is the first box (if you are attempting to register transfer of whole) or the 2nd box (transfer of part). If it is in the Charges Register it's the 3rd box and you will need to enter the charge details. |
| 9 | State why the restriction is no longer required | If you are including supporting evidence, which might be an ST5 or some other evidence that explains why the interest that the restriction protects has come to an end, then you may simply say "see the enclosed .....". Otherwise, explain why the interest has come to an end. In most cases you will need to produce evidence. |
| 10 | Signature of the applicant or their conveyancer | Either the conveyancer or the applicant should sign here and date the form. |
ST5
Link to form on gov.uk: Form ST5
The ST5 is one of HMLR's proforma statements of truth and it is used specifically in relation to applications to remove form A "sole proprietor" restrictions. It is not essential to use form ST5 but it is recommended as it helps ensure all the essential requirements are satisfied.
| 1 | Name(s) and address(es) of whoever is making the statement | This will typically be the sole surviving tenant in common or in the case of a transfer of equity, the one person who will remain on the title but it could be anyone with sufficient personal knowledge to make a statement (such as an outgoing owner or executor) |
| 2 | Title number and property address | Insert the title number an address as they appear on the Official Copy of Register of Title. If the land is currently unregistered enter N/A for title number and the address as per the root conveyance. |
| 3 | Explain what has happened to the beneficial interest |
Here you need to explain how the form A restriction came to be on the register in the first place, and what has happened to the beneficial interest that means it is no longer required. For example on a transfer off equity where one party buys out the other "[current joint proprietors] purchased the Property on [date of purchase] and elected to hold on trust for ourselves as tenants in common. As a result of a transfer dated contemporaneously with this statement [outgoing owner] has assigned the whole of [his/her] legal and beneficial interest to [remaining owner] and the trust to which the form A restriction relates has therefore come to an end", or else where an executor/administrator of the last surviving tenant in common is making the statement "[current joint proprietors, or original proprietors where one or more originals have been removed form the title via submission of a DJP] purchased the Property on [date of purchase] and elected to hold on trust for ourselves as tenants in common. On the death of [first joint proprietor to die], [last surviving joint proprietor] inherited the whole of [first joint proprietor to die]'s legal and beneficial interest in the Property, as a result of which the trust to which the form A restriction relates has came to an end. Following the death of [last surviving joint proprietor] the whole of the legal and beneficial interest vests in me in my capacity as personal representative of [last surviving joint proprietor]." The key is that you must be able to explain how the restriction came to be on the register in the first place and what has happened to the beneficial interests of the other owners. If you cannot explain either of these then you cannot apply for cancellation and will need to consider appointing an additional trustee. |
| 4 | Explain how the interest has passed to the survivor(s) | As this will already be explained in panel 3, you can simply say "See panel 3". |
| 5 | Where there remains on registered proprietor | In order to cancel the restriction it must be the case that no one other than the registered proprietor has a beneficial interest. That means that the survivor must not hold the property on trust for anyone else, or be bankrupt and the property must not be subject to a charging order (whether registered on the title or not). If the statements in panel 5 are true both boxes much be checked. If they are not true, the application cannot proceed. Where there are others who are entitled to a share in the equity they will need to be contacted and an agreement reached as to how much they should receive. An additional trustee can then be appointed to receive the sale proceeds along with the surviving owner. If there is more than one surviving registered proprietor, leave this blank and move to panel 6. |
| 6 | Where there are two or more registered proprietors | This is the equivalent of panel 5 but for joint proprietors. Again, if both statements cannot be confirmed then the application cannot proceed. |
| 7 | Proprietor(s) to sign and date | The names of those making the statement should be entered here and all must sign. This cannot be signed by the conveyancer on the proprietor(s) behalf. |
