Charging order/restriction on property

jwalrus9

Hello,

There is a Final Charging Order made by the court on my late father's and surviving mother's property. They were joint owners, now it is solely owned by my mother since my father passed away.The charging order was made against my father, over 15 years ago, he has since passed away. My father was unaware this charging order was put against the home until the Land Registry wrote to him saying there is a restriction on the property - letter B136(CO). My father dispute this with Land Registry back then, and the land registry replied that they have no power to set aside an order of the court.

Interestingly, in this B136 (CO) letter from the land registry it says - "Where the court has made a charging order the person with the benefit of it is entitled to protect that interest with an entry in the register. If the court order is made against a person who owns the property with you and not you personally, then the above still applies. The court order only affects the interest in the property of that person but the applicant may still make this application."

So my question is - does this restriction/charging order still apply now my father has passed away? And of so is it a case of completing an RX3 to get the restriction remo ed OR do I need to apply to the court that put the charging order against the property to have it removed?

We are not in contact with the family member who applied to put the charging order on the house, no contact details, and we do not know the circumstances around it apart from that they claim they were owed money from my father.

If someone from the Land Registry could advise that would be appreciated.

Thanks

peb

Try posting on the housing board.  It's not that simple as the RX3 has to be supported, you can't simply fill it in.  Try tagging @Land_Registry but I suspect that you will need a solicitor.  

Land_Registry

As posted form RX3 can be used but you need supporting evidence to show that the protected interest either no longer applies in law or has been redeemed/dismissed 
You need legal advice to ascertain whether the interest has come to and end due to his death. If it hasn’t then you’d either need it redeemed by the creditor (form DS1) or an order from the court dismissing the order 

jwalrus9

@Land_Registry thank you for your help. Just to check I've understood correctly, I can only submit an RX3 once the a) the credit submits an DS1 to redeem it or b) the court dismissed the order? I will pursue legal advice as to whether the restriction is no longer valid due to his death. Thanks again

Land_Registry

jwalrus9 said:

@Land_Registry thank you for your help. Just to check I've understood correctly, I can only submit an RX3 once the a) the credit submits an DS1 to redeem it or b) the court dismissed the order? I will pursue legal advice as to whether the restriction is no longer valid due to his death. Thanks again

Form RX3 is the application form used where you want to cancel the restriction. As it’s you, and not the restrictioner, applying the onus is on you to provide the evidence to show that the order/debt/interest no longer exists. 

So form DS1 and a court order dismissing it are the top two possible supporting evidence.

MSE_Laura_F

I've moved this to the House buying, renting & selling board. Thank you.

MSE Laura F