Land Registry entry

Loopy1

Hi maybe wrong forum but I notice that a Land Registry represenative posts on here and I need some urgent advice.
Please can anyone help?

I am due some inheritence as is my kids but a solicitor did a search and the Land REgistry and Land charges showed that I was under Bankruptcy. I was discharged in 2010. I am not going to get my inheritence until the register is updated but I have gone on line and it says you cannot remove the entry it will come off after 5 years??? Is this correct?

Also why am I on either list as I own no property I am very confused

p.s have tried to phone the number but constantly engaged

G_M

If you do not own a property, what Land Registry property Title is showing you as bankrupt????!

If you are bankrupt, and obtain some money (eg via inheritance) then it seems only fair that your creditors should get this money, not you. Why should you get away with owing innocent people or businesses money?

However I am no authority on bankruptcy so cannot comment on the 5 year rule. Try the bankruptcy forum here.

Loopy1

I have been discharged from BR nearly 3 years so I can receive my inherritance. You know nothing about my bankruptcy so please don't judge.

G_M

As I said,

I am no authority on bankruptcy so cannot comment on the 5 year rule.

As for my 'judging - I was not insulting you, I was making a general point.

I expressed an opinion on the fairness of creditors losing out while bankrupts have assets. It's a free forum.

I also helpfully pointed you at a forum where you'd get more knowledgeable advice. The 'thanks' button is just below my post if you'd like to show your appreciation!

Loopy1

And the reason for posting on this page is because I would like an explanation regarding the land registry which Im more likey to get on this forum Thanks.

ging84

i was under the impression you could not buy any property while you are bankrupt
so presumably the land registry must know about everyone who has been bankrupt even if they don't own any property, in case they try and purchase some

G_M

Loopy1 wrote: »

And the reason for posting on this page is because I would like an explanation regarding the land registry which Im more likey to get on this forum Thanks.

Oh dear!

If you do not own a property, what Land Registry property Title is showing you
as bankrupt????!

:T

Loopy1

ging84 wrote: »

i was under the impression you could not buy any property while you are bankrupt
so presumably the land registry must know about everyone who has been bankrupt even if they don't own any property, in case they try and purchase some

thanks that does make sense
The solicitor involved seems to think you can remove Bankruptcy from the registry but It does not appear online that you can. This is what I would just like some advice on. I have no plans to purchase any property just inherriting a tiny amount of money

Tixy

This explains the land registry list of bankrupty and the reasons http://www.landregistry.gov.uk/public/guides/public-guide-10

Land_Registry

Tixy has linked you to our online guidance around bankruptcy and that should help understand the mechanics behind the process

As hing84 infers the bankruptcy process in England & Wales essentially means that the Court notifies the Land Charges Department which will update their records against the name of the bankrupt. If that person owns any property then a bankruptcy entry may be made on the land register as well.

In most cases a bankruptcy will need to be dismissed or withdrawn but the following may help with the understanding of the 5 year aspect you refer to

Most bankrupts will be automatically discharged one year after the making of the bankruptcy order. However, a registration at Land Charges of a bankruptcy petition or order only ceases to have effect automatically, unless renewed, at the end of the period of five years from the date on which it was registered.

This can sometimes cause former bankrupts problems, particularly if they are seeking credit. Because of this, some former bankrupts successfully apply to the court for an order vacating the Land Charges entries. These orders are made under s.1(6), Land Charges Act 1972. Such orders are sufficient to allow cancellation of entries at the Land Charges Department but they are not sufficient to allow cancellation of a bankruptcy restriction, as these orders do not affect the original bankruptcy orders. A bankruptcy restriction would appear on the land register.

In your circumstances it is important to appreciate what the situation is as you refer to both the Land Charges and Land Registry but state you own no property. If you are not a registered owner then there should be no Land Registry title against which the bankruptcy has been recorded, it should apply only to the Land Charges data?

Hopefully the guidance will assist but it is your solicitor you should be relying upon to guide you through the process.

Loopy1

Thank you for your reply. I am refering to the Land Charges Register.

I also rang your Land Charges department and they have given me different advice to what you and the website says. I told them the website implies a court order is necessary to amend the registry but I was told to send a copy of my dismissal notice and I didnt even have to fill in the forms that appear on your website?