Charge on title

Emmiilou90

Hi, just look for some advice or if anyone has had experience with removing a charge from Land Registry. We’re in the process of buying our first house, it came up on the solicitor searches that the house has a Charge which is £15 a year for 99 year, immediately I though it’s leasehold not freehold but estate agents keep assuring me that it is freehold and the sellers bought the lease out in the 80’s. They also told me the seller would be sorting this out with solicitor, fast forward 4-6 weeks and it’s still not sorted sellers solicitors are refusing to sort it out. I know they need to complete and send a CN1 form with evidence, does anyone know what evidence is required? I’m assuming me being the buyer won’t be able to provide this evidence as I think it might be evidence of the purchase but 100% as it doesn’t actually say on the Land Registry Website. Help! Any advice would be very much appreciated we are completely at our wits end with this. 

silvercar

Try posting on the Land Registry thread here:
https://forums.moneysavingexpert.com/discussion/5685941

daveyjp

Evidence that what they say is true is required for Land Registry and Land Reg will need to see solid evidence.

Some charges can take years to get removed.  They can be put on properties in perpetuity and not get considered again for decades, by which time those who signed the charge may no longer be around.

pphillips

I believe that you have three options:
1. Forget about the house and start looking for other properties 
2. Buy the property subject to the charge and try to sort it out later.
3. Carry on waiting for the seller to remove the charge.
I'd be inclined to go with the 3rd option as the seller's solicitor cannot refuse to follow their clients instructions in getting the charge removed, although they will probably charge them extra for the unexpected work.

perbinder

pphillips said:

I believe that you have three options:
1. Forget about the house and start looking for other properties 
2. Buy the property subject to the charge and try to sort it out later.
3. Carry on waiting for the seller to remove the charge.
I'd be inclined to go with the 3rd option as the seller's solicitor cannot refuse to follow their clients instructions in getting the charge removed, although they will probably charge them extra for the unexpected work.

Personally would walk away. Do not buy and hope to sort out later. That’s a big mistake. Do no. 3 if this is what you really want to buy