You haven’t actually given me the wording of the restriction, just the wording of the letter from Redrow solicitor. I will therefore try to answer you without knowing what the wording is.
There is absolutely no reason why you cannot submit the form RX4 yourself to remove the restriction which it seems that Redrow will readily agree to. There is currently no fee for submitting the RX4.
However what has happened is that the benefit of the restriction has been passed from Redrow to Bradpass. Bradpass will want another restriction in the same form entering against the property which is why there needs to be an undertaking to register form RX1.
I’m afraid that Redrow will not accept your undertaking, they will only accept an undertaking from a solicitor. The reason is that as solicitors undertaking is enforceable by the Solicitors Regulation Authority and solicitors will simply not breach an undertaking whereas, if you were doing it, you may fail to register the new restriction RX1 and then they would have to chase you and ultimately take you to court. So, the effect is that whilst you would be able to submit the RX4 yourself they will not let you have the form unless they have an undertaking and the undertaking would have to come from a solicitor.
However, I agree with you that this should not be something that you have to deal with. There is absolutely no reason whatsoever why they cannot submit the RX4 and RX 1 to the land registry. They are being lazy.
Ultimately, if they wont deal with this, you can’t beat them with a stick and the only remedy if they will not do it, is to take them to court and that is going to be risky expensive and extremely time-consuming.
I have a suggestion for you and that is to tell them that you are happy to complete the form RX1 and you will send it to them for them to then submit the RX1 and RX4 to the land registry. There is absolutely no reason at all why you should not do that.
However, all your solicitor needs to do is to provide the undertaking and submit the RX1 one form which is going to be the quickest and easiest way of doing with this, with no arguments. It’s unlikely to cost more than 50 quid extra the most.
Does that answer the question? Can I answer any specific points arising from this?
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