Request to remove a C1 Charge

Hi,

I am in the process of selling my property 42 Anthony Grove PO124AS, I have had my solicitor request the removal of an entry in the charges registry. The charge refers to people whom are deceased but has remained on the title register. When I purchased the property in 2021 the entry wasnt noted as an issue by my then Solicitors. 

It has been expidited however I believe more information is required for the removal. Please can you assist with what information is needed.

Kind regards
Barry

 

Hi Barry - all correct and we are currently in correspondence with the conveyancer. Looks like they replied asking for a bit more information so I'll check with the casework team and ask them to respond as appropriate and asap
You'll need to ask your conveyancer to confirm and to share the specific details re the request 
HP715356

Hi Adam,

Thank you for the quick response. 

I will contact my conveyancer for further details.

Kind regards
Barry

I still need help with this.

My sale is about to fall through due to this entry from 1971: 

C: Charges Register continued
3 (27.04.2009) Puisne Mortgage created by a Deed dated 19 February 1971 made between (1) Reginald Leslie Maybour and (2) Alfred Norman Schofield but neither the original deed nor a certified copy or examined abstract of it was produced on first registration.
NOTE: This information was taken from a Land Charge Class C1 dated 19 March 1971 reference number 50248.

I have instructed my solicitor to gather the relevant information regarding this but I know it will be difficult due to how long ago it was taken out. Both mentioned people appear to be deceased, and the current relative that I bought from has no proof of the mortgage being repaid as it was so long ago. There is an indemnity in place (recommended by the land registry in 2009) that was taken out in 2009 but my buyers are saying: 

We cannot see that an indemnity insurance policy is suitable in this circumstance, and would not expect an insurer to be able to provide cover an outstanding financial obligation with an unknown balance. In any event this would not be acceptable to our Lender.

So what I'm really asking is there any way of getting this removed? Does the length of time since it was taken out have any swing in the decision to remove it? Don't really know where to go to get information on this to provide as evidence.

Please help.

Kind regards
Barry

Hi Barry - As explained to your conveyancer; we will need evidence that the charge has come to an end whether by repayment, under section 20 of the Limitation Act 1980, or otherwise. It is possible this could include a statutory declaration or statement of truth which includes all of the relevant information to support the application.

Hi Darren, 

Thanks for replying,

My solicitor is currently working on it. The main issue i am encountering is that the entry is so old so finding the people and information is near impossible, and my buyers solicitor doesnt want to accept an indemnity policy.

With regards to "section 20 of the Limitations Act 1980" would this not have already been used as the entry is originally from 1971? 

Kind regards
Barry

 

Hi Barry - reference to the Limitation Act is nothing to do with the original 1971 entry itself. The Limitation Act deals with 'timescales' within which certain interests may come to an end for specific reasons. Please do speak to your conveyancer to understand the legal implications of the Act and whether it is in fact relevant to your very specific scenario

Thanks Adam,

Im still trying to understand this whole issue,

Section 20 of the Limitations Act 1980 mentions that there is 12 years in which to make a claim. In 2009 the land registry wrote to the then owner of my property and advised that a Defective Title Indemnity be taken out. I have a copy of this indemnity and the company who provided it still exists. As this was 15years ago would a statement from the indemnity provider saying that no claim has been made against this be sufficient proof to remove the entry? Or if a claim was made and it was settled be sufficient proof to remove the entry?

Kind regards
Barry

Barry - this is where your legal advice must come in. Whilst I suspect the details you have will be relevant the Limitation Act is a complex piece of law. We will only consider the evidemce and application once submitted.

Thanks Adam,

So where do I stand if the required information cannot be found. How would I be able to remove this entry then? The previous owners do not appear to have any details/records of this anymore as it related to deceased parents. 

Will this entry just have to stay forever? Is there a time limit as to how long it can last on the title before it can be removed? 

Not sure what my next step should be now. 

Kind regards
Barry

Barry - there's no time limit re the entry remaining on the register and next step is to rely on your legal adviser to explain how the law treats such matters and what option(s) may exist. 
This isn't a registration issue as the interest was created and protected as a land charge which then led to the register entry when the property was then registered. It is now all about how to prove in law that the interest has come to an end. If you can do that then you can apply to cancel the land charge and register entry along with that supporting evuidence 

Thanks Adam,

As this issue continues and my buyers have now pulled out of the purchase. I have endured 5months of stress over this issue and I am no closer to a resolution. Can you provide any more information regarding this entry as I cannot find anything. 

I have ready that: "it can be seen that the charges register holds details of charges over registered land, whilst the land charges register holds details of charges over unregistered land" 

Is there any information regarding this entry in the Land charges register? Hopefully a company name rather than an individual.

Kind regards
Barry

Hi Barry - the information held re the Land Charge will be revealed in the Land Charges as mentioned. Your conveyancer will have completed a search to obtain that info no doubt.
The registered info we have is stated on the register itself which derives from that Land Charge so nothing more we can add I'm afraid.

Hi Adam,

Still struggling to find a way to get past this.

My solicitor has sent all the information that is available and it is constantly being rejected.

We cannot locate Alfred Norman Schofield or find any information regarding what company he worked for to enable us to try and obtain the required information.

When the title was originally transferred from Patricia Maybour to her daughters she had no knowledge of the Land Charge in 2009, which there was a declaration statement signed by Patricia stating she has made no payments regarding this charge since her husband died in 1983, which was submitted as evidence but rejected.

My Solicitor is now at a loss as to how to proceed. I have lost my previous buyers through this and it seams I have a house that cannot be sold. 

What can I do now? What other options do I have? Am I stuck with this property forever now? Please help.

Kind regards
Barry Taylor

Hi Barry - I'm sorry to read that the issue remains but there's nothing I can add to what has already been explained to your legal rep. Our letters have explained what is required and it's an understanding of the legal requirements re such matters that's required. 
We've signposted the options available so hopefully your legal rep can identify what's legally required to then enable the registration requirements to also be met.