Charge on property discovered on moving day

BobQ

Despite some of the comments above, I cannot see how your brother's solicitor can be blamed for not knowing of a charge that the land registry did not know about unless he failed to ask the vendor's solicitor to confirm that there were no charges before the exchange took place.

G_M

I'm confused. You say:

We don't know for certain when the charge was registered.

but you say:

the land registry search shows nothing, except a bank, presumably the mortgage;

So is this Charge registered or not?

If not registered with the LR, and assuming the property is a registered property, my understanding is that it cannot be enforced - though I am willing to be told otherwise by a conveyancing expert.

Flat_Eric

G_M wrote: »

I'm confused. You say:

but you say:

So is this Charge registered or not?

If not registered with the LR, and assuming the property is a registered property, my understanding is that it cannot be enforced - though I am willing to be told otherwise by a conveyancing expert.

Is it possible that a restriction has been entered against the Title ? This still needs to be satisfied before it can be removed from the Title (usually by completion of the relevant form by the beneficiary of the restriction) presumably something they would only sign after they have received what they are owed.

G_M

Flat_Eric wrote: »

Is it possible that a restriction has been entered against the Title ? This still needs to be satisfied before it can be removed from the Title (usually by completion of the relevant form by the beneficiary of the restriction) presumably something they would only sign after they have received what they are owed.

In which case the OP's solicitor would (or rather, should) have seen the restriction during the pre-Exchange examination of the Title.......

bris

It's possible the buyers solicitor only found out because of documents sent on exchange from the vendors solicitor. If it didn't show op on the land registry but something did on exchange then the buyers solicitor has done his job and with held the funds, he can't be blamed for that.
The vendor is now in breach of contract so any loses should be sought from the other party.

Richard_Webster

As often is the case we don't seem to have been told the whole story.

If the charge or restriction was there on the official copies provided by the seller's solicitor prior to exchange then the buyer's solicitor is negligent in not spotting it.

If a Land Registry search showed that since the date of the issue of the official copies an adverse entry had been made then the seller is at fault it is for him to sort it out as he will be in breach.

On moving day their solicitor informed them that when trying to register the change of ownership it was discovered that somebody has a charge on the property

This doesn't make sense. You can't register the change of ownership at the Land Registry until after completion and you have the transfer deed signed by the seller. All you can do on or before the day of completion is a Land Registry Search as mentioned above.

rpc

I think you need to post the details of the 'charge' (or whatever it is) to clarify the situation.

To me, it sounds as though the ex-partner has appeared since exchange highlighting an agreement she had with the seller. Perhaps the seller was trying to shift the house without the ex noticing?

Someone is liable for any costs you incur - your sol, their sol or the sellers themselves. At the moment, it is hard to tell who messed up. If it is their sol, or them, then that makes no odds to you. On the assumption that it is not your sol, the sellers are in breach of contract and (I think) can be compelled to complete.