Removing a charge from land

JKFletch

In the process of selling my house with 2 additional plots of agricultural land, one of which still has a charge on it from 2005 when I bought it. I paid for it in 3 instalments and I didn’t realise that it didn’t have an automatic release of the charge piece the payments were done . It’s only come to light now I’m selling. I’ve also another problem. One of the instalments I paid cash for!!! Doh. Was 2006 don’t forget and I was young. The guy has moved aboard and there’s no way of getting hold of him. So how do I remove the charge with land registry and prove to them I’ve paid for it? Even my solicitor in a tiz with this one. Thanks

AdrianC

Who's the beneficiary of the charge?

Was the charge placed after you purchased it? The title shouldn't have been transferred without the agreement of any previous charge-holders.

davidmcn

JKFletch wrote: »

The guy has moved abroad and there’s no way of getting hold of him.

What steps have you taken so far to trace him? Obviously the LR won't just let people remove charges on their say-so that the chargeholder has disappeared.

eddddy

How much was the charge for, and what evidence do you have that you paid any/all of it off?

If you can't prove that it was paid off and the charge holder can't be traced, I believe that ultimately the amount of the charge can be paid to the Treasury Solicitor - who will hold it until the charge holder comes forward.

But I suspect that's a long and expensive process.

JKFletch

The charge was done when I originally purchased the land. Obviously I didn’t realise what was going on, but my solicitor should have. There definitely won’t be a way of finding this guy. As for proof all, all that I have are the correct amounts leaving my current account very near the dates agreed at the start. The first one would have been done through the solicitor, the 2nd was cash and the last was via international payment to America.

G_M

Oops!


The lack of evidence of payment, combined with the disapearance of the charge holder, is going to mean this will not be resolved fast or easily.


Can you sell the property plus one plot for now (reduced price acordingly) and then sell the buyer the other plot in due course ? Would the buyer agre or are both plots essential to the buyer's plans?

Land_Registry

You'll need him to discharge the charge so you will need to trace him. If you can't then generally speaking the only option is to get a judge to approve the discharge based on evidence that he cannot be found as is presumed dead. That gives you the idea of the burden of proof involved as others have inferred. So he's moved abroad so can't be found won't, in my experience, be enough.

I'd suggest identifying a tracing agency to assist or widening any efforts to trace him using www for example

martindow

JKFletch wrote: »

The charge was done when I originally purchased the land. Obviously I didn’t realise what was going on, but my solicitor should have. There definitely won’t be a way of finding this guy. As for proof all, all that I have are the correct amounts leaving my current account very near the dates agreed at the start. The first one would have been done through the solicitor, the 2nd was cash and the last was via international payment to America.

It sounds as if one piece of land was bought with a solicitor dealing with the legal side and the second piece was a private arrangement between you and and a person who you now can't find.

I'm not sure how the solicitor can be expected to know about a transaction where they have not been involved.