Charge on Property

Jake831

Nine months ago a charge was put on my flat in exchange for a mobile home. I cannot sell the flat although I have moved into the mobile home as agreed with the land owner, who has also agreed to meet any shortfall of the amount of the charge  which is £K250. I am paying double council tax and ground rent which I can no longer afford. Where do I stand on returning to the flat and returning the mobile home to the land owner?. 

greatcrested

The flat is still registered in your name? Is it empty? Rented?

The mobile home belongs to you? You have deeds?

I don't see wy you canot live in whichever you want?

However, if you want to sell the mobile home back to 'the land owner' you will need to negotiate a price with him. Assuming he wants it that is.

Jake831

The flat is empty and registered in my name, however, the mobile home is not mine until the flat is sold. 

davidmcn

You'll need to explain to us what advice you want. It sounds like you want to sell the mobile home back to the seller? Was there any agreement that you'd be able to do this?

greatcrested

It seems strange that you allowed the Charge without getting anything in return, since you did not get (ownership) of the mobile home.

Without knowing the details of the agreement you came to, or anything about the landowner and the likelyhood of him renegotiating that agreement, we cannot comment on whether he would agree to remove the Charge or what he might want.

Jake831

I cannot sell the mobile home as I do not own it, it only becomes mine on the sale of my flat which has now been on the market for nine months. As for allowing the charge, it was done by the landowners solicitors without recourse to mine, who on three occasions requested details with no response..  

greatcrested

Then as advised, you need to refer to the agreement, or deed, that was drawn up by your and the landlorwner's solicitors, and signed by yourself for submission to the Land Registry.

The LR do not simply add Charges to a property Title at the request of some random 3rd party or their solicitor. Or if they do, please PM me your Title number so that I, too, can add a Charge to your property!

The wording of the agreement you signed will specify the circumstances in which the Charge will be removed, and sadly we cannot see it. Outside of whatever is specified there will be down to renegotiation with the landowner.

steampowered

You would only be able to "unwind" this transaction and go back to the beginning if the contracts you signed allow you to do that, OR the land owner agrees.

A "charge" is normally registered to secure a debt. If there is a debt outstanding, that debt would still be owed if you were to hand back the mobile home. While presumably you could move back to the flat, the flat would still be subject to the charge and any outstanding debt would still be owed.

 A more detailed explanation of why you signed up to this transaction and exactly what contracts you signed would be required in order for anyone to advise you fully.

AdrianC

A charge cannot be unilaterally lodged at the Land Registry. If you didn't agree to it, then a court must have.

But I can't figure out what's actually happened here.

You don't own the mobile home, and won't until you sell the flat? Then you don't owe the vendor the price of it.
If you owe the vendor, and that debt has been lodged as a charge, then you own it.