Equitable Charge - Application Update

Good afternoon,

I am hoping someone may be able to help. We are in the process of buying a property. Mid-end of November 2023 an application was put in to remove an equitable charge by the seller's solicitor and expedited, but we still have not had an update or idea of a time frame for how long this will take. 

Please can you provide an update on this, or an idea of how long it is likely to take, and advise if we need to take an further action?

Title number K718623

Many thanks,

Beth

G A Beth - we received a request to amend the title back in November suggesting an error had been made. No error had been made so the application was cancelled and the conveyancer informed on the 5th December
The same conveyancer has now submitted an application to cancel the entry instead and that was submitted today.
I imagine they intend to request expedition for it but I will flag with colleagues to do that based on your contact 
Expedition means it should be considered within 2 weeks (usually sooner) but everything then relies on ti being in order 
I would suggest posting again on Friday to see if an update is available
 

Thank you very much for your speedy reply Adam. I will check again on Friday to see if there is an update.

HI Beth - just to let you know that it has been partially processed but we need more from the seller's conveyancer and we requested that yesterday. You'll need to contact them to confirm and to clarify timescales for a response

Thank you very much for the update Adam, I will ensure that the seller's solicitor is chased. I understand nothing can be done until the seller's solicitor gets back to you, but do you know if the application has been expedited please? 

Beth - it has as mentioned in my previous post hence why it's been processed, albeit only partially, already

Many thanks for your help Adam.

Hi Adam, I am just wondering if you have heard back from the conveyancer yet please? If not we will continue to chase them. Many thanks, Beth

Hi Beth - no reply as yet. Sorry
K718623

Hi Adam, thank you for your help with this so far. I have been informed that the conveyancer has now put in a new application for a copy of the original land charge. If possible, I would be grateful if you could please ask this this application is also expedited. Many thanks, Beth

Hi Beth - no new application as yet submitted

Thank you for checking Adam, hopefully the conveyancer will submit this asap. 

I am not sure if you are able to advise - the equitable charge on the property dates from the 1930s. The conveyancer believes that Land Registry will not remove this charge as there is no evidence or documentation on it. Land Registry already looked for documentation for this charge back in November but said they hold no documents or information on it. Do you know if this is true, that as there is no documentation Land Registry will not remove the charge from the property? Many thanks, Beth

Beth - the register entry refers to a Land Charge which in turn relates to the equitable charge you mention.
In my experience the conveyancer would need to apply to cancel the land charge first and then apply to remove the land register entry - we would normally only remove the land register entry once the land charge had been cancelled
This has been explained to the conveyancer so hopefully they are acting upon our request and they are then applying to have the land charge cancelled. If they are trying to get a copy of the land charge then it would be the Land Charges Department they would be dealing with and not HMLR specifically

Hi Adam, thank you for the information. The conveyancer stated that they did put an application in to cancel the land charge last week, but Land Registry have requested further evidence before they can proceed (which no one has as there is no documentation). The conveyancer has stated that Land Registry has now suggested she apply for a copy of the original land charge.

I am confused that it appears the conveyancer did put an application in to cancel the land charge but it cannot be taken further due to lack of documentation/evidence. In this case, what would the next steps be?

Many thanks, Beth 

Hi Beth - I have responded to your further post in my colleague's absence. 

There are options that your conveyancer would be able to consider.  Our Practice Guide 63, section 5 in particular, explains our requirements and procedures. 

Hi, please can you confirm if there are any applications for title number K718623 and what stage they are at (e.g. waiting on conveyancer)?

Many thanks for all of the help so far.

Beth - There is an application pending on the title.  There is an ongoing query that needs to be resolved and we will be writing to the conveyancers to clarify our requirements.   

Many thanks Nimish

Hi Beth - we've now replied to the conveyancer to advise them as to what's needed in order to update the register. Hopefully they can confirm and also share specific details as appropriate. Once they have replied in full we can reconsider they're application
 

Good afternoon. Thank you for all of the help and updates provided so far. I am just wondering what the status of this application is now please? The seller's conveyancer has informed us that they have input another application with Land Registry via Land Charges. I'm not sure if you are able to see this as you mentioned previously that this may come under a different department. If so, do you know how I would go about chasing up this Land Charges application please?

Many thanks, Beth