Equitable Charge on Title Deed

Gustav1982

Wondering if anyone else has come across thesame issue or can offer any guidance?

There is an equitable charge on our property relating to adiscount from the MOD (house is ex MOD) when the previous owners bought theproperty in 1993 . I have been told this relates to if they had sold within 3 years they would have had to repay the discount but obviously this is no longer applicable (ceased over 20 years ago).
Our buyers solicitors would like this removed however before completion despite it clearly being expired.
We have no run into a road block with gettingright contact with MOD so just no responses from calls/emails.

Land Registry could only provide initial paperwork back from 1993 and obviously contact details have changed since then.

Nothing came up in searches when we purchased 3 years ago and nothing came of initial solicitors searches.

We were just about to exchange but this has put the brakes on.

Frustratingly the stand off between solicitors isn’t help and the lack of chasing is meaning I am having to do the leg work (though not getting very far)

Any help appreciated!

Land_Registry

The only search this is likely to come up on is one which is checking the register itself where it is noted. When you bought it the entry will presumably have been there but your conveyancer presumably did not raise it as an issue.

The MOD website and email address have I assumed been used already
E-Mail: public@ministers.mod.uk

I assume that when this was raised with us re 'old paperwork' that advice was also given as to how to apply for it's removal as well

Gustav1982

Land_Registry_representative wrote: »

The only search this is likely to come up on is one which is checking the register itself where it is noted. When you bought it the entry will presumably have been there but your conveyancer presumably did not raise it as an issue.

The MOD website and email address have I assumed been used already
E-Mail: [EMAIL="public@ministers.mod.uk"]public@ministers.mod.uk[/EMAIL]

I assume that when this was raised with us re 'old paperwork' that advice was also given as to how to apply for it's removal as well

Thanks for the reponse

From speaking to Land Registry (who were very helpful) I was told there is a back file from 1993 which could be recalled but given the time that has passed/change in MOD the contact details on there are unlikely to still be the same.
I was told I would need to contact MOD but no precise details given. A CN1 form was refered to but the point this needs a respresentive from MOD to sign

I/my solicitors have been to trying many numbers and email addresses with no response.

My fear is that there is no pressure for MOD to assume responsibilty to assist with this given its apparant expiration.

G_M

Try your local MP. He can chase MOD for you......

Land_Registry

Sounds like you are going down the correct route then but as you say perhaps little pressure to deal with although I would have expected at least a response.

G_M's suggestion is a good one but how about trying their Facebook page with a message? - in the digital world we now live in they may respond quickly and be able to steer you in an alternative direction perhaps?

Pete9501

You might be better off contacting the Defence Infrastructure Organisation:

https://www.gov.uk/government/organisations/defence-infrastructure-organisation

However a decade ago the MOD sold off a shed load of Married Quarters, whether this included the people and org to look after them and the records I am not sure. Have a read of this:

http://www.annington.co.uk/about-us/key-facts

xylophone

http://en.wikipedia.org/wiki/Property_Services_Agency

Defence Services

http://en.wikipedia.org/wiki/Defence_Infrastructure_Organisation

"A long and winding road' I fear but DIO seems your best bet?