HM Land Registry publishes guidance on dealing with title register restrictions
HM Land Registry has published guidance on procedures for dealing with restrictions in the title register that are incorrect or no longer fit for purpose. The guidance, authored by Assistant Land Registrar Bethany Boothby and Registration Services' Andrew Smedley, outlines four main approaches: the 'replacement route' using forms RX3 or RX4 to remove existing restrictions and form RX1 to enter new ones; alteration of existing restrictions using form AP1 for simple changes such as address updates or title number changes; disapplication using form RX2 where beneficiaries cannot be traced, corporate bodies have been dissolved, or consent is unreasonably withheld; and modification using form RX2 in extremely limited circumstances where the original application did not reflect parties' intentions and replacement is not practicable. The guidance emphasises that disapplication and modification applications are at the registrar's discretion and that the replacement route should be used in nearly every case. It includes detailed practical examples demonstrating how these procedures apply to common scenarios involving Form M restrictions, transfers, charges, and changes in beneficiary circumstances.