Just found out solicitor has put a charge on our home for Mines and Minerals?

beth3735

Today was supposed to be the transfer day to take my name off the joint mortgage and my ex was taking the new mortgage on. They have taken all the fees from us, all the paper work was correct but on the change over day they notice that a London solicitor firm Rathbone have put a charge on our property for Mines and Minerals?

How can they do this without any communications to us, they did it in March this year. How hard is it now for us to complete this transfer for mortgage please? What sort of route do we now need to take?

TIA

sal_III

What did your solicitor say about this?

alanobrien

Sure it wasn't on there when you bought the place?
This is worth a look;

https://www.gov.uk/government/publications/registration-of-mines-and-minerals/practice-guide-65-registration-of-mines-and-minerals

davidmcn

Does your solicitor think this is a problem?

beth3735

Our solicitor wont complete this now until we sort it out, but we dont know how to sort it as we never knew anyone was putting a charge on the property. We bought the house 2005, supposedly the charge was only placed recently.

Ill take a look at that link. But our initial contract we have just states that its a freehold

davidmcn

beth3735 wrote: »

Our solicitor wont complete this now until we sort it out, but we dont know how to sort it

Surely your solicitor knows how to sort it?

beth3735

This is from our solicitor, the ex has been on phone to Rathbone, but waiting to hear back. So our solicitor hasn!!!8217;t been much help in what advice we need to take other than get in touch with Rathbone.

Hi below are the results of the OS1 search we have done. Please update us once you have a response from Rathborne.
Reason for unclear search investigated: Priority in favour of another. Dealing lodged by Rathbone Trust Legal Services under ref ***** in relation to mines and minerals. Please query this with customer, we cannot proceed whilst this is pending.

badmemory

Have any of your neighbours had this show up? Perhaps try asking land registry if they know why it could happen now (as in not historically).
Is there any fracking locally?

Land_Registry

Your update shows that Rathbones have submitted an application against the title and quite probably others in the area.
The OS1 is an official search submitted to check nothing has been added to the register or an application made since your solicitor last checked. It then protects your intended application.
Rathbones have submitted their application between that initial check and your OS1 so now have priority - that means their application needs to be considered/completed first. Although your actual application to update the register itself has yet to be lodged.

I suspec, but dl nit knew, that the application is to register an interest in the mines/minerals in that area. It would be odd if it affected just a single property.

You refer to it as a 'charge' and whilst interests can be referred to in that way the devil will be in the detail as to what the interest being applied for us and what affect, if any, it has on the value if the property and/or the lender's security.

Hopefully your solicitor will be able to get a response from Rathbones offering more detail.