Form RX3 (Cancellation) vs Form RX4 (Withdrawal)
HM Land Registry provides two distinct procedural routes for clearing restrictions under the Land Registration Act 2002:
1. Form RX4 (Withdrawal of Restriction): Submitted when the beneficiary who originally registered the restriction (or their successor) agrees to remove it. It must be accompanied by written consent from the beneficiary.
2. Form RX3 (Cancellation of Restriction): Submitted by the registered proprietor when the restriction is no longer capable of taking effect. The applicant must prove that the underlying covenants have been extinguished, that the beneficiary no longer exists, or that the restriction serves no legal purpose.
Removing a Form L Restriction When a Management Company Is Dissolved
A frequent problem on older freehold estates and converted leaseholds is that the management company named in the Form L restriction was struck off the Companies House register years ago.
Under HM Land Registry Practice Guide 19 Section 3.2, caseworkers will cancel a Form L restriction if the applicant supplies: (a) A Companies House certificate of dissolution, (b) Evidence that no successor entity was assigned the benefit of the restriction, and (c) Confirmation that the Crown (Bona Vacantia) has disclaimed or holds no interest in the management covenants.
HM Land Registry may serve formal notice on the Government Legal Department (Bona Vacantia division). The standard objection notice period is 15 business days before the restriction is cancelled.
How Long Does It Take for Land Registry to Remove a Restriction?
Routine Form RX4 withdrawals submitted electronically via the HM Land Registry Portal typically take between 3 and 6 weeks to process. Complex Form RX3 cancellations requiring statutory investigation or notice periods take between 2 and 4 months.
If a pending property sale or remortgage is at risk of falling through due to delays, the conveyancer can submit a formal Request to Expedite via the Land Registry portal with a copy of the contract or mortgage offer, reducing processing time to approximately 10 working days.