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How to find out about possible lien on my late mother's property?

I am dealing with the estate of my mother, who passed away last month. In March 2019 she received a grant from the Council for adaptations to the bathroom in her house. The cost of the works exceeded the usual grant amount by £1,900 (i.e. the grant is usually £5k, but the cost of the works was £6,900).
At the time, the council said that they may reclaim the £1,900 if the applicant disposes of the premises within 10 years. My sister, who was dealing with the Council, vaguely remembers that there was talk of a lien being placed on Mum's property for this purpose, but isn't sure.
Does anyone know how I can find out about any lien which may have been put in place on my Mum's property?

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,460 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    If there is there will be a restriction on her house which will show up on the land registry.

    https://www.gov.uk/search-property-information-land-registry
  • itm2
    itm2 Posts: 1,422 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Hung up my suit!
    I did search the land registry but it didn't really provide much information - just the address of the property and the type of tenure (i.e. freehold). There's an option to purchase a copy of the Title Register for £3 - is that where this sort of information would be held?
  • RAS
    RAS Posts: 35,231 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just checking which country your mother lived in? Scottish rules are different for example.
    If you've have not made a mistake, you've made nothing
  • itm2
    itm2 Posts: 1,422 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Hung up my suit!
    RAS said:
    Just checking which country your mother lived in? Scottish rules are different for example.
    Her house is in England (Kent)
  • RAS
    RAS Posts: 35,231 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In which case, spend that £3 as that's were any restrictions should be listed. If you are going to sell the house or transfer ownership, you'll need to know anyway.
    If you've have not made a mistake, you've made nothing
  • itm2
    itm2 Posts: 1,422 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Hung up my suit!
    I've purchased the Title Register, and it doesn't mention a lien. However I also phoned the Land Registry and they said that this does not necessarily mean that there is not a lien on the property - it could have been put in place via a document which the Land Registry did not have access to. He recommended that I contact a solicitor/conveyancer to get more help.
    :0(
  • Marcon
    Marcon Posts: 14,087 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Combo Breaker
    itm2 said:
    I've purchased the Title Register, and it doesn't mention a lien. However I also phoned the Land Registry and they said that this does not necessarily mean that there is not a lien on the property - it could have been put in place via a document which the Land Registry did not have access to. He recommended that I contact a solicitor/conveyancer to get more help.
    :0(
    It can be done contractually, rather than by a court judgement. The former is more likely given the modest amount of debt and the fact you're dealing with a local council. A solicitor won't be able to help, but the good news is that your next step is free - you write to the council, say what you've said in your post above, and ask the council to confirm the position/send you a copy of any documentation establishing a lien if one exists. 
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
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