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Posted Mon, 04 Nov 2024 20:21:55 GMT by Heather Smith
I owned a property 50/50 with my daughter. My grandaughter bought my daughter’s share with a loan from me, and was registered as sole proprietor. The loan was registered as a legal charge against the property (form CH1), with myself as mortgagee. There is also a trust deed registered, which states that upon sale, half the proceeds should come to me. The property is not being sold. Instead, I am giving my granddaughter a cash sum of half the current value less the outstanding loan. The property therefore needs to have the legal charge and trust deed cancelled, and be registered as belonging solely to me. Is this a simple matter of submitting forms (no solicitors/conveyancers involved) and if so, which forms?
Posted Tue, 05 Nov 2024 07:06:42 GMT by Adam Hookway
Heather - forms DS1/DS2 to remove the legal charge 
Mortgage: cancellation of entries for lenders (DS1) - GOV.UK
Cancel entries relating to a charge: registration (DS2) - GOV.UK
We don;t specifically register trust deeds but I assume you mean that there is a restriction of some sort to protect the trust created. If so then our PG 24 section 6 explains how to apply to cancel/withdraw such restrictions
Private trusts of land (PG24) - GOV.UK
There's no transfer involved as you state that the property was transferred into her sole name already so you are applying to remove your protected interests from the register
Posted Mon, 18 Nov 2024 15:49:24 GMT by Darren Standring
Hi Heather,

Without a specific title number to check i can only speak in the most general terms based upon your description above..

As already stated you would need DS1 and possibly DS2, it also sounds like you need a TR1 and application form AP1. You would also need to provide evidence of identity for all parties using forms ID1. From your description it sounds as though you would also need to consider any trust rerstriction on the register; If so then our PG 24 section 6 explains how to apply to cancel/withdraw such restrictions
Private trusts of land (PG24) - GOV.UK

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