Land Registry questions

Sazle1969

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Charge on the land registry

We are in the process of selling my father's house. When checking the land registry a charge has shown up from a loan that was taken out in 1989. This loan was paid in full by my parents back then and forgotten about.!
We were asked by the solicitors to provide proof of this but we have no paperwork due to the length of time that has passed. We were asked to have a statutory declaration drafted and sworn in which we did at a cost. This was then passed over to the Government Legal Department to trace if there was any debt outstanding. The guy from the GLD has said there is no trace of the company as they went into liquidation late 90s early 2000s. He said there is nothing on this company at all so they can't do anything for us.!
We really don't know where to go with this now as land registry are saying they can't remove it without evidence. Does anyone have any idea of where we go with this now as we cannot sell the house with this on and my dad is paying bills on 2 properties at the moment. The buyer is also getting itchy feet now so we may even lose the sale and be back to square one.
Hope someone can help. Feeling desperate

pernes

Hi, I am trying to find out who owns the title to a leasehold garage in the block of flats I live at. I have tried to find out the details and purchase the title from Land registry but they tell me it is not registered. I have asked some neighbours and they say that they believe it has always been used as storage, the freehold that all the garages are on are on the freehold title with all the flats.

Asking other people they say that although not registered the lease must be owned by someone.



Any advice would be great. Thanks

Land_Registry

Sazle1969 wrote: »

What's this?

SAZLE1969View public profileSend private messageFind more postsView all thanked postsAdd to contacts

Charge on the land registry

We are in the process of selling my father's house. When checking the land registry a charge has shown up from a loan that was taken out in 1989. This loan was paid in full by my parents back then and forgotten about.!
We were asked by the solicitors to provide proof of this but we have no paperwork due to the length of time that has passed. We were asked to have a statutory declaration drafted and sworn in which we did at a cost. This was then passed over to the Government Legal Department to trace if there was any debt outstanding. The guy from the GLD has said there is no trace of the company as they went into liquidation late 90s early 2000s. He said there is nothing on this company at all so they can't do anything for us.!
We really don't know where to go with this now as land registry are saying they can't remove it without evidence. Does anyone have any idea of where we go with this now as we cannot sell the house with this on and my dad is paying bills on 2 properties at the moment. The buyer is also getting itchy feet now so we may even lose the sale and be back to square one.
Hope someone can help. Feeling desperate

One for others to comment on as appropriate and from own experiences. You may wish to post elsewhere on MSE as a result.

We (HMLR) will need sufficient evidence to show that the charge has been redeemed. This will have been explained by us in the correspondence to date.

You also posted on our own forum and we responded there along similar lines. I do hope you are able to resolve this and your conveyancer should be the one who is advising you on the legal requirements

Land_Registry

pernes wrote: »

Hi, I am trying to find out who owns the title to a leasehold garage in the block of flats I live at. I have tried to find out the details and purchase the title from Land registry but they tell me it is not registered. I have asked some neighbours and they say that they believe it has always been used as storage, the freehold that all the garages are on are on the freehold title with all the flats.

Asking other people they say that although not registered the lease must be owned by someone.

Any advice would be great. Thanks

The garage is leasehold so subject to a lease
The freehold includes this garage but makes no mention of a registered/noted lease
If that is the case I would assume the lease was granted many years ago and has not changed hands for some time BUT it would be the freeholder you should contact to check/confirm what details they have

pernes

Thanks for the reply
“The garage is leasehold so subject to a lease
The freehold includes this garage but makes no mention of a registered/noted lease
If that is the case I would assume the lease was granted many years ago and has not changed hands for some time BUT it would be the freeholder you should contact to check/confirm what details they have”

The flats and garages have separate leases, On the copies of the schedule of notices of leases I have purchased, this garage isn’t listed.

The leases noted go back September 1962 with 99 years for the garages and flats. The freehold was purchased in December 1985, residents own a “Share of the freehold” for right to manage and the flats leases were extended to 999 years, but not the garages, not sure why?

Would a schedule of notice be available dating back to 1962 to see if this garage ever had a lease title issued?, as when the freehold was purchased in 1985 the supplementary plan that I have a copy of, all the other garages have a plan reference yet this garage is blank?

Kind regards

Land_Registry

pernes wrote: »

Thanks for the reply
“The garage is leasehold so subject to a lease
The freehold includes this garage but makes no mention of a registered/noted lease
If that is the case I would assume the lease was granted many years ago and has not changed hands for some time BUT it would be the freeholder you should contact to check/confirm what details they have”

The flats and garages have separate leases, On the copies of the schedule of notices of leases I have purchased, this garage isn’t listed.

The leases noted go back September 1962 with 99 years for the garages and flats. The freehold was purchased in December 1985, residents own a “Share of the freehold” for right to manage and the flats leases were extended to 999 years, but not the garages, not sure why?

Would a schedule of notice be available dating back to 1962 to see if this garage ever had a lease title issued?, as when the freehold was purchased in 1985 the supplementary plan that I have a copy of, all the other garages have a plan reference yet this garage is blank?

Kind regards

The 'blank' plan reference indicates that no lease was ever noted/registered. We will have no further details
You'll need to contact the freeholder to ascertain what details they hold re that particular garage.

pernes

So as it is in the plan it does belong to that freehold but no lease assigned?

Thanks

Land_Registry

pernes wrote: »

So as it is in the plan it does belong to that freehold but no lease assigned?

Thanks

Correct - from what you have posted the garage is within the red outline on the freehold title plan so belongs to the freeholder

k3nb0t

Hi
I inherited a third of a property which I can't sell for now, but want to buy my first home. Most lenders consider the situation as requiring a "second home mortgage", greatly limiting my options. Would it be possible to give my share away to my mother (who currently owns a third of said property), such that I am no longer responsible for it and can have access to a wider range of mortgages? If so how would I go about this?

I would be doing so assuming I would eventually inherit it back, so need to be sure there is nothing unlawful in doing so.

Thanks in advance

Land_Registry

k3nb0t wrote: »

Hi
I inherited a third of a property which I can't sell for now, but want to buy my first home. Most lenders consider the situation as requiring a "second home mortgage", greatly limiting my options. Would it be possible to give my share away to my mother (who currently owns a third of said property), such that I am no longer responsible for it and can have access to a wider range of mortgages? If so how would I go about this?

I would be doing so assuming I would eventually inherit it back, so need to be sure there is nothing unlawful in doing so.

Thanks in advance

Our online guidance explains how the whole of the legal ownership can be transferred. You cannot transfer a third share for example as that third share relates to your beneficial ownership, namely a share of the property's value.

We can't advise you on how the law would view such a transfer and you should rely on legal advice for clarification on any uncertainties.
And the same goes for ensuring that your interest is still protected following any transfer e.g. in your Mother's will