Land Registry - Charges Register

AtchinTan

Can anyone help with the meaning of the below statement taken from a title to a terraced property.

(11.12.1996) The land in this title with other land is subject to a
yearly rentcharge of £15.16s.11d created by a Deed of Grant dated 18
August 1871 made between (1) Jane Halsted and Elizabeth Halsted and (2)
William Smith and David Smith.

The said Deed also contains covenants.
¬NOTE: Abstract filed under LA103067
This rentcharge has been informally apportioned and the resultant
residual sum made payable exclusively out of the land in this title in
informal exoneration of other retained land affected thereby as
mentioned in a Conveyance dated 23 June 1943 made between (1) Herbert
Capstick (2) The Burnley Building Society and (3) Albert Higgins,
Elizabeth Higgins.

The land in this title is liable for the collection and repayment of
the previously apportioned rents.

G_M

AtchinTan wrote: »

(11.12.1996) The land in this title with other land is subject to a
yearly rentcharge of £15.16s.11d created by a Deed of Grant dated 18 August 1871 made between (1) Jane Halsted and Elizabeth Halsted and (2) William Smith and David Smith.In 1871 a Deed was created. It is still valid. It covers this property and other properties ("with other land") - probobly the rest of the terrace? To be sure, you'd need to read the Deed dated 1871. In fact you should read it anyway!

Under the Deed the total payable by all the properties involved is £15 16s 11d (£15.85p) per annum.

The said Deed also contains covenants.
¬NOTE: Abstract filed under LA103067
This rentcharge has been informally apportioned and the resultant
residual sum made payable exclusively out of the land in this title in
informal exoneration of other retained land affected thereby as
mentioned in a Conveyance dated 23 June 1943 made between (1) Herbert
Capstick (2) The Burnley Building Society and (3) Albert Higgins,
Elizabeth Higgins.
In 1943 a Conveyance specified how much of the £15.85 each of the properties should pay (ie the full amount was apportioned between the various properties). You should obtain and read this Coneyance too.

The land in this title is liable for the collection and repayment of
the previously apportioned rents.

The owner of the terraced property you are interested in (or own/whatever) is responsible for
a)collecting the various amounts each year from the various properties involved and
b) paying the full amount (£15.85) to whoever now benefits from the original Deed of 1871. This could be the descendants of William Smith and David Smith, or someone who purchased and now owns the land then owned by William Smith and David Smith.

AtchinTan

Thanks for your reply I was a bit confused by it as I was under the impression this was only possible on leasehold land and wasn’t aware of what a rent charge was.

Is the figure state fixed, i.e. am I protected from any future increase in the rent charge.

Am I liable for any rent charge that wasn’t paid before I became the freeholder.

G_M

AtchinTan wrote: »

Is the figure state fixed, i.e. am I protected from any future increase in the rent charge.

Am I liable for any rent charge that wasn’t paid before I became the freeholder.

From what you have quoted, it is a fixed amount and cannot be increased. However, to be sure, I would refer to the wording in the Deed dated 1871, and the Conveyance dated 1943.

Debts can be pursued for a period of 6 years. So you could be liable for 6 x £15.85 ie a max of £95.10

martindow

That was a considerable sum in 1871 so it probably covers a fair number of houses. Assuming that the sum is fixed, the potential debt for the OP today would be a trivial amount of money.

da_rule

G_M wrote: »

From what you have quoted, it is a fixed amount and cannot be increased. However, to be sure, I would refer to the wording in the Deed dated 1871, and the Conveyance dated 1943.

Debts can be pursued for a period of 6 years. So you could be liable for 6 x £15.85 ie a max of £95.10

If the debt arises out of a deed the recovery period would be 12 years.

Rentcharges will be extinguished on 22 August 2037. There also exists a mechanism whereby you can pay a lump sum to extinguish it early.

G_M

da_rule wrote: »

If the debt arises out of a deed the recovery period would be 12 years.

Rentcharges will be extinguished on 22 August 2037. There also exists a mechanism whereby you can pay a lump sum to extinguish it early.

Apologies!


So double my figure. Still not worth worying about (or taking out indemnity insurance for.....)!