Deed Charge Removal at Land Registry

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canaldumidi said:

I bought my grandparents property in the late 1980s (to help them out in their retirement), with the agreement to pay them a set amount monthly. This was carried out at the local solicitors, with a subsequent charge annotated at the Land Registry S

So the property was transferred into your name and registered in your name with the Land Registry, and your grandparents (or grandfather?) registered a charge against the property for the debt you took on, based on a Deed specifying you would pay them/him £X per month, or £Y,000 in total, or whatever?

It would also be helpful if you could answer this question.  If you are not sure, could you download a copy of the title from the Land Registry for £3 and confirm who is listed as the registered proprietor(s)?  

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

Moonshooter

Thanks, and yes - I am the registered owner and this is specified within the deed, under the 'charges'. Downloading the deed from Land Registry (LR) confirms this. The issue remains around how to remove the 'charge'. I have asked LR to comment around my circumstances and in particular, whether or not this can resolved at court, as a court can direct LR to remove a charge.  

Moonshooter

Does anyone know how you take a case like mine to a court for action? Given the years i've been getting nowhere with this, seems like an option to me, even though i have no idea how you actually go about it. Looking on-line, a court can direct the Land Registry to remove a Charge. Thanks.

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Moonshooter said:

Thanks, and yes - I am the registered owner and this is specified within the deed, under the 'charges'. Downloading the deed from Land Registry (LR) confirms this. The issue remains around how to remove the 'charge'. I have asked LR to comment around my circumstances and in particular, whether or not this can resolved at court, as a court can direct LR to remove a charge.  

Are you the registered owner of the property specified within the deed, under 'Registered Proprietor'?

You state you have a copy of a letter from your Grandad releasing you from the loan.  Could you, or your solicitor just remove the charge at Land Registry by completing forms AP1, DS1 and DS2, ID1, together with the evidence (letter from Grandad), paying the appropriate Land Registry fee and submitting it?

Moonshooter

Hi there, Yes, i am the registered owner with my grandfather as 'the lender'. I have suggested this to the solicitor, where i have prepared a pack for them also (bank statements/conveyancing statements/etc) but they insist it can't be done this way. I have just changed to another solicitor, where i'm waiting for their comment. Many thanks, as thinking around the same lines as myself. Will update when they respond. I've also asked Land Registry, where they have just sent me links to their website, along with the 'we don't provide advice statement'.

badger09

Moonshooter said:

Hi there, Yes, i am the registered owner with my grandfather as 'the lender'. I have suggested this to the solicitor, where i have prepared a pack for them also (bank statements/conveyancing statements/etc) but they insist it can't be done this way. I have just changed to another solicitor, where i'm waiting for their comment. Many thanks, as thinking around the same lines as myself. Will update when they respond. I've also asked Land Registry, where they have just sent me links to their website, along with the 'we don't provide advice statement'.

There's a very helpful rep from Land Registry who posts on here. Try posting your (abbreviated) question here 

https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions/p376

Land_Registry

badger09 said:

Moonshooter said:

Hi there, Yes, i am the registered owner with my grandfather as 'the lender'. I have suggested this to the solicitor, where i have prepared a pack for them also (bank statements/conveyancing statements/etc) but they insist it can't be done this way. I have just changed to another solicitor, where i'm waiting for their comment. Many thanks, as thinking around the same lines as myself. Will update when they respond. I've also asked Land Registry, where they have just sent me links to their website, along with the 'we don't provide advice statement'.

There's a very helpful rep from Land Registry who posts on here. Try posting your (abbreviated) question here 

https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions/p376

The legal charge forms part of your step-grandmother’s estate. As such to remove it you’d need probate for her (or letters of administration if no recorded will) and the executor  (administrator) would then be able to discharge it (DS1/DS2)

Your legal advice was correct 
If probate (letters of administration) can’t be achieved then a court is your only option. We are not going to accept the evidence you mention as we rely on the probate (letters of administration) and DS1 as the legal evidence required. We are not the arbiters in cases where something is being claimed to have happened and evidence put forward. That’s why we have courts and judges. 

I’m sure you’ve don’t it already but worth clarifying with probate service who can apply for probate/letters of administration. If you don’t have someone who meets those requirements then the court is your next step. Hopefully your legal advice is sufficient to advise you on how to apply to the court and which court in such cases.