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Charge register on my land deeds

edited 30 November -1 at 12:00AM in House Buying, Renting & Selling
8 replies 339 views
74jax74jax Forumite
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edited 30 November -1 at 12:00AM in House Buying, Renting & Selling
For some reason I came across my Land Registry document and under the section C : CHARGES REGISTER it says :

I have changed certain info to XX to make more anonymous :

A Transfer of the land in this title dated XX XXX 1990 made between
(1) The Borough Council of XXX and (2) XXX(this is the name of who I purchased the house off) contains restrictive covenants.
2 (XX.XX.2003) REGISTERED CHARGE dated XX XXX 2003. 3 (XX.XX.2008) Proprietor: BANK OF SCOTLAND PLC




The section B : PROPROETORSHIP REGISTER says :

TITLE ABSOLUTE
1 (XX.XX.2002) PROPRIETOR: MY NAME of THE ADDRESS.

2 (XX.XX.2002) The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.

Can anyone explain this to me please, why would someone have a charge on the house or am i reading it wrong?

Many thanks
Forty and fabulous, well that's what my cards say....

Replies

  • davidmcndavidmcn Forumite
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    It's not a "charge" as such, it's just a reference to a deed containing covenants i.e. title conditions. They would have been checked (and you should have been told about them) when you bought.
  • Richard_WebsterRichard_Webster Forumite
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    There's a charge in favour of the Bank of Scotland - is that OP's mortgage or secured loan?

    If he has no mortgage then you wouldn't expect such an entry.

    Pretty standard to have restrictive covennats set out in the Charges Register.

    Not really sure what OP is asking about.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • 74jax74jax Forumite
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    There's a charge in favour of the Bank of Scotland - is that OP's mortgage or secured loan?

    If he has no mortgage then you wouldn't expect such an entry.

    Pretty standard to have restrictive covennats set out in the Charges Register.

    Not really sure what OP is asking about.

    Thank you so much.

    For someone who didn't understand you answered perfectly :T.

    I will contact them as no mortgage but I didn't know if I was reading it wrong. I know you say it's pretty standard and when I googgled that's what I found too. So didn't know if it meant 'once many moons ago' or if it was now.:rotfl:

    It actually gives their address too so I'll just write to them there. Probably simple explanation but at least I want missing something.
    Forty and fabulous, well that's what my cards say....
  • markinmarkin Forumite
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    Is that an old paper copy you found? Check online for the current version?


    When did you buy it, have you ever been with the Bank of Scotland ?
     
  • 74jax74jax Forumite
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    markin wrote: »
    Is that an old paper copy you found? Check online for the current version?


    When did you buy it, have you ever been with the Bank of Scotland ?

    I purchased in 2002, I have never been with Bank of Scotland, either mortgage or banking.

    I did have a mortgage with Halifax, but no more.
    Forty and fabulous, well that's what my cards say....
  • davidmcndavidmcn Forumite
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    74jax wrote: »
    I did have a mortgage with Halifax, but no more.
    Who merged with Bank of Scotland, which probably explains why they're mentioned. If the mortgage has been paid off then that charge should have been removed at the time.
  • Richard_WebsterRichard_Webster Forumite
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    Is the document a fancy looking Charge Certificate with a crest etc on the front and pages bound inside containing the entries and a plan?

    If so it is only of historic interest.

    The date of issue of the document is critical.

    Another possibility is that it is a copy supplied to your solicitors by your seller's solicitors when you bought and that will only represent the position before you bought. The seller's mortgage should have been cleared off when you completed your purchase. If it wasn't then you need to contact your solicitors to ask why it wasn't removed.

    For up to date info you need to get an up to date official copy from the Land Registry - nothing else is definitive.

    The restrictive covenants are unlikely to have been removed - they normally stay there. Not impossible but very unusual for such covenants to be removed.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • G_MG_M Forumite
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    Spend £3 here and get an up to date copy of the Title. Then check it and post again.
    ** If I include a blue link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
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