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Removing an equitable charge when entity cannot be contacted
Removing an equitable charge when entity cannot be contacted
Posted
Mon, 27 Jul 2026 15:47:42 GMT
by
Will Anthony
I have an equitable charge from 15 years ago that I want to remove from my title as I am selling the house. The entity cannot be contacted anymore and does not exist. What is Land Registry's procedure for having the charge removed now. Is it CN1 form with last known Address of entity? How can charge be removed if they cannot be found or do not now exist and no beneficiary in existence? Thank you
Answer
Posted
Tue, 28 Jul 2026 07:26:01 GMT
by
Nimish Patel
Will - The application should be in form CN1 and accompanied by supporting evidence to • confirm the dissolution of the entity (e.g., Companies House letter). • Statutory declaration/statement of truth confirming that no assignment of the equitable charge has occurred. There is no specific guidance for the situation but the most relevant guidance for the removal of an equitable charge where the beneficiary no longer exists is Practice Guide 19 - https://www.gov.uk/government/publications/notices-restrictions-and-protection-of-third-party-interests-pg19 This guide provides detailed instructions on how to deal with notices and restrictions, including their cancellation when certain conditions are met. Specifically section 3.7 (Cancellation of agreed notices) explains that an agreed notice protecting an equitable charge can only be cancelled if evidence is provided that the interest (the charge) has come to an end. - It also clarifies that a notice cannot be cancelled simply because the named beneficiary no longer exists unless there is evidence showing that the charge has been discharged or otherwise determined. For complex cases where sufficient evidence cannot be provided due to dissolution or non-existence of the beneficiary entity, HM Land Registry may exercise its discretion under section 35(3)(c) LRA 2002. In such cases, it’s advisable to seek professional legal advice for assistance in preparing your application. Hope this helps.
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