Charging Order? The myth

eggbox

Hi LRR


Hopefully, Wembley will send you the details shortly, but as far as I am aware it's a straight forward matter of jointly owned property/sole debtor?


Is is possible you can, on a general basis, explain what you are alluding to by "wider issues"?

Land_Registry

eggbox - hopefully

The context of wider issue involved here is that there may be other entries involved which have not been involved; the certification lodged is insufficient and so on. The devil, as you know, is in the detail and every application is treated on merit but relies on two things. The applicant getting it right and of course us getting it right

wembley14

hi eggbox/LRR
thanks for replies. I have not emailed LRR as i have nothing more to add to what has already stated. There are no hidden specifics to add. The restriction that i posted earlier is exactly how it worded on the title deeds purchased from LR.
joint owners/sole debtor. Property now sold to new buyers for value. Restriction holder refusing to remove restriction but WHY should they remove it when it should be overeached automatically and cancelled without application as this is stated in practice guide. New buyers interest now takes priority. That is all i can give for specifics. Sorry for repeating myself but there is nothing more to add.

Land_Registry

wembley14 - the missing specifics are the actual property address/title number which would enable me to look at things form our end of the process.
I do not expect you to post these online hence the email suggestion.
Without that detail I can only respond in general terms and refer you to our online guidance and obtaining legal advice. Each application is treated on merit so the devil is always in the detail as to understanding what has happened and why although I would expect your solicitor to be able to explain the specific issues anyway.

eggbox

Hi Wembley,


I understand your frustration but I would email the details to LRR as it might sort your problem?



But maybe LRR shed a bit of light, on a general basis, explaining how property details can affect a situation similar to Wembley's?

Land_Registry

eggbox - by property details I meant simply the address/title number. They don't affect the situation but they do enable me to check what is registered and what the current state of play is re the title/application.

eggbox

Thanks LRR


However, in circumstances identical to what Wembley has explained on here; is there any obvious reason why the LR wouldn't (or couldn't) view a Restriction, worded exactly as Wembley has stated his is, as being overreached by the property being sold to a third party for value?

Land_Registry

There is no obvious reason - that is why I am asking for specifics here.

eggbox - we have discussed at length the general nature of charging orders, how they are dealt with generally and our online guidance many times in this thread.
If a specific scenario 'does not fit' then there is, in my view, no point and indeed nothing to be gained in speculating.
In contrast understanding the specifics of wembley14's scenario could throw even more light on the issues you are trying to cover especially if there is a nuance that moves the charging order goalposts to use a very current analogy

eggbox

Land_Registry_representative wrote: »

In contrast understanding the specifics of wembley14's scenario could throw even more light on the issues you are trying to cover especially if there is a nuance that moves the charging order goalposts to use a very current analogy

The problem is I think the 'specific's' of Wembley's case have been made clear on here and, when you confirm there is no obvious reason for the hold up, it becomes frustrating to the layperson when there is no "speculation" offered by those in the know as to what those "nuances" could possibly be that are holding up the registration process?


Hopefully, Wembley has emailed you with his details, however?

Land_Registry

eggbox - I believe I did speculate when I said 'The devil, as you know, is in the detail and every application is treated on merit but relies on two things. The applicant getting it right and of course us getting it right'

You may be looking for an answer to a general or one-size fits all set of circumstances when, as mentioned, the specifics really do matter and those are more than has been provided here, for example you do not know what other interests are registered or indeed what evidence (or not) may have been supplied with the application.

I think I would be doing you and your fellow posters a disservice if I posted a response which led to a 'but LRR said this on MSE' approach to the local office/caseworker dealing with the specific application. As it is raising the possibility, albeit a genuine one, that someone may have made a mistake inc the applicant as well as Land Registry, could lead to a 'but LRR says you got it wrong' approach as well.

That is why I try to stick to general points in the thread but seek to take specific examples offline but then provide an outcome without putting wembley14 or any other involved party at risk of being caught up in a debate about a general point when it is the specifics that matter.

My recommendation to wembley14 is to consult with their solicitor for an explanation as to what the current situation is. If they and their solicitor can then resolve the matter hopefully they will then post the outcome to the thread.