We are acting for the proprietor of land which is subject to a restriction requiring the consent of a neighbouring owner to a dealing with the land.

We have written to the restrictioner on half a dozen occasions asking for consent, but we are completely unable to obtain a reply from them, and we accordingly submitted an application to the Land Registry to remove the restriction, so that the matter could proceed. 

The response we received from the Registry reads as follows: ‘Unfortunately, the evidence supplied only indicates difficulty in communicating with the restrictioner and does not demonstrate that the protected interest has come to an end, so an application to cancel the restriction cannot be accepted. There are no provisions in the Land Registration Act or Rules for an entry of this type to be “warned-off” as used to be the case with a “caution”’.

Any suggestions as to what should be done in such circumstances?

R.M. Napier, AN Law, Warrington