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Posted Wed, 17 Apr 2024 12:38:36 GMT by Thomas Crabb

Hello, I have a historical rentcharge (i.e. small annual fee) present on the title deeds of my terraced property, it dates from Victorian times and neither the previous owner nor myself have ever had any demands for this annual fee. It was not inflation protected so is now a tiny amount per year in today's money. I did have some contact with the Department for Communities and Local Government that advises on such matters with hopes of removing it from the title deeds and they provided the following advice
Depending on how many years the rentcharge has not been paid or requested for, and depending on whether the rentcharge is registered or not, you may be able to apply to the Land Registry to have the rentcharge extinguished under the provisions of the Land Registration Act 2002, or the Limitations Act 1980. This department would play no role in this matter and so you may need to seek your own legal advice and assistance if you do decide to try this route once you have purchased the property. You must be the property owner in order to apply for redemption/extinguishment of the rentcharge.
I would be grateful if someone could advise how I should proceed with removing it e.g. under the Limitations ACT 1980 bearing in mind length of time that has elapsed without it being demanded by the rentcharge owner, at least 12 years now. Is there a standard form for this and who is first point of contact at LR? Also do I need to use solicitor?
Thanks.

Posted Wed, 17 Apr 2024 12:52:53 GMT by Adam Hookway
Hello Thomas - a noted rentcharge can be removed on application in form CN1 along with supporting evidence to show how it has determined (come to an end) and confirming it can be removed from the register
As you already appreciate it will be the supporting evidence that matters here and that's where your legal advice must come in. If you are relying on adverse possession of the rentcharge due to for example non-payment for a period of time then your legal advice should focus on the legislation you refer to. Any supporting evidence would then rely on the facts as to how possession of the rentcharge has then been taken from the rentcharge owner.
We can't advise you on the legal requirements 

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