Extinguish a historical rentcharge on freehold land

Hello,

We have the below historical charge per the Register which we wish to extinguish.  The current owner is unknown and no payments or demands have been made for chief rent since the house purchase in 1980.  I believe the correct application needed is the CN1 plus supplementary evidence.  Could you confirm this in correct and typical examples of evidence needed?  If there are any other issues that we need to be aware of it would be much appreciated.  Thank you.


1. The land in this title with other land is is subject to a perpetual
yearly rentcharge of £130.11s.2d. created by a Conveyance dated 23 June
1906 made between (1) William Frederick Mason (2) Sir John Saint George
and (3) Masons Gas Power Company Limited.
NOTE:-Abstract issued with Certificate. Abstract filed under LA10543.

By a Conveyance dated 9 April 1937 made between (1) The Dowson & Mason
Gas Plant Company Limited and (2) Levenshulme Builders Limited the
rentcharge of £130.11s.2d. referred to above was informally apportioned
as to £114.2s.6d. to the land in this title and other land.
The said Deed dated 9 April 1937 contains covenants, exceptions and
reservations.
NOTE:- Abstract issued with Certificate. Abstract filed under LA10543.
The Deed of Grant dated 20 January 1938 referred to below contains a
covenant by the Purchaser by way of indemnity to pay the apportioned
rentcharge of £114.2s.6d. referred to above and powers of retainer,
distress and collection in favour of the Vendor.
 

Hello Matthew - if it's a noted renthcharge then form CN1 is the correct form. 
Typical examples of evidence lodged are a release by the rentcharge owner, a deed of release or merger of the rentcharge, when bought by the title holder.
It's very much legal advice you need here to look at the unique and specific facts relevant to your property, title and rentcharge scenario and exploring how, in law, a rentcharge might be determined (ended). It's a legal issue first and thereafter, once the legal requirements have been met, an application can then be made to cancel the rentcharge

Thanks Adam.  I have been reading up about adverse possession of the land and submitting an ADV1 and statement of truth.  My question is whether the best approach to remove the charge is by using CN1 or go down the ADV1 route?  Note I believe have the standard evidence for ADV1 e.g photographs, bills, title plans etc.

Matthew - understood and appreciate but important to note that this is not an adverse possession of land scenario so if you are going to go the route of claiming adverse possession of the rentcharge I would again reiterate the need for legal advice especially with regards the Limitation Act and how that might be interpreted in your scenario.
The key, I suspect your legal rep, would need to consider is whether the rentcharge was against your property alone or whether it was across multiple properties

Adam thanks again it seems a much clearer.  Just looking at panel 9 of the CN1 form as below.  Am I right in thinking of selecting the 'other' option and saying something like..? 

Income supporting rentcharge with the current rentcharge owner being unknown and has not been paid or requested for 10-12 years.  Rentcharge to be extinguished under the provisions of the Land Registration Act 2002. 


FYI Panel 9 below

The lease has determined by

Merger

Surrender

Disclaimer

forfeiture and a statutory declaration or other supporting evidence accompanies this application

effluxion of time and neither the provisions of the Landlord and Tenant Act 1954 nor those of the Local Government and Housing Act 1989 apply

notice under the Landlord and Tenant Act 1954 and the provisions of that Act have been complied with

notice under the Local Government and Housing Act 1989 and the provisions of that Act have been complied with

other:

 

Matthew - if none of the others apply then 'other' would be the right option

Thanks Adam.  Have a nice day.