Charging Order? The myth

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Comments

  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    Nothing happens to the restrictions until an application is made to cancel/withdraw. As eggbox posts the interest(s) they protect are still in play so if the property is to be sold to a third party or transferred to a beneficiary then they need to be complied with
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Asify
    Asify Posts: 5 Forumite
    Hi Both thanks for your feedback, The charging order is only in my mothers "beneficial interest" so I am assuming they can only realise the debt against my mothers Equity? My father did not have any restrictions on his name so I am assuming his equity is safe?

    Eggbox in this instance would you advise that I contact the creditors?
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Asify… what if you just made an application to LR to remove the Restriction, then wait and see if the creditors get back to you? D45
  • Asify
    Asify Posts: 5 Forumite
    edited 12 July 2017 at 4:53PM
    Thanks Dakota, they LR stated on my last call that the debt would need to be settled in order for the restriction to be removed. They suggested that I talk to the people the restriction was put in place for and we would need proof the debt was paid?


    The crazy thing is I have called the bank and they are unable to trace any records so not sure what to do next

    I have had conflicting information so if this is wrong let me know :)
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Weird that there are no records! Perhaps they have been lost… If you are selling, just let the creditor know after the property has been sold, and there's not much they can do about it… D45
  • Asify
    Asify Posts: 5 Forumite
    No they found it, however the strange thing when I asked for a figure they gave me the figure void of interest @ 66,000 pounds

    Then I asked about settlement and they said I need to propose a figure?

    So then they called me again saying they would remove the CO, as mum had passed before the CO was granted

    Is this too good to be true? They have asked for proof of Death which I have sent. They said they will even handle contacting the LR to get the CO removed,

    I wait to see if this is even possible?
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Asify wrote: »
    No they found it, however the strange thing when I asked for a figure they gave me the figure void of interest @ 66,000 pounds

    Then I asked about settlement and they said I need to propose a figure?

    So then they called me again saying they would remove the CO, as mum had passed before the CO was granted

    Is this too good to be true? They have asked for proof of Death which I have sent. They said they will even handle contacting the LR to get the CO removed,

    I wait to see if this is even possible?

    Sounds good! Send a copy of the letter and Form RX3 to LR and get the charge removed. D45
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    For LRR, please;

    In 2008, a neighbour whose septic tank was faulty, asked if she could run an outflow pipe across my garden. She did the same with the neighbour on the other side.

    We both granted deeds of easement, and the pipe crosses both properties.

    Here's the thing;

    Whilst looking through the recent title deeds for both the properties the pipe crosses, I note that only my deeds show the easement as being listed.

    Does the other neighbour need to report these things to LR… I was wondering as there must be something in place for the person whose pipe it is to enter the land for maintenance, etc.

    Also, what would happen if the land was sold and the new owner was not aware of there being a pipe buried on the land and the rights that go with it.

    I suppose what I'm saying is this;

    Is it essential that deeds of easement are notified to LR?

    Many thanks. D45
  • Land_Registry
    Land_Registry Posts: 5,779 Organisation Representative
    First Anniversary Name Dropper First Post
    D45 - it should be registered against both the benefiting land and the subjective one. If it's not registered it may not constitute a legal easement so it not bein so could pose an issue at a later date if the landowners dispute things
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • eggbox
    eggbox Posts: 1,774 Forumite
    First Anniversary First Post
    Asify wrote: »
    No they found it, however the strange thing when I asked for a figure they gave me the figure void of interest @ 66,000 pounds

    Then I asked about settlement and they said I need to propose a figure?

    So then they called me again saying they would remove the CO, as mum had passed before the CO was granted

    Is this too good to be true? They have asked for proof of Death which I have sent. They said they will even handle contacting the LR to get the CO removed,

    I wait to see if this is even possible?

    Asify, apologies for late reply as thread updates not being sent again (if any of the admin team see this can you sort this problem please??)

    I have seen it before where creditors lose interest in the debt once the debtor has, unfortunately, died. So I would take them at their word for now and get the certificate to them to verify the facts?
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