Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
Was the charge ever agreed please?
I don't recall ever agreeing the charge, it was added late after their family friend solicitor suggested that the agreed price was too low.
How long has it been on the property?
Since I bought the property in 2007
Why have you only now 7 years later want to remove it?
Firstly I didn't think I could. I unsuccessfully appealed to them several times. I am now thinking of either having some necessary building work undertaken and need a loan, or possibly selling it.
Ok - so you appealed to the Land Registry Adjudicator?
No, I didn't know that was an option
You said you appealed several times?
Sorry, I meant I appealed to the relatives better nature
Ok - you should have appealed this decision to the Land Registry. You could have objected to the decision.
It may now be too late to do this.
It therefore may be that you need to seek a declaration that the Court that the charge be removed
You would need to write to the charge owner and ask him to consent and if he refuses say you will go to Court.
If he does refuse then you can issue proceedings.
You would need to complete form N208
The claim would be issued and a copy of the claim sent to the Defendant.
The judge would then list the matter for hearing and decide whether to make a declaration
You would need representation at Court though
Can I clarify anything for you about this today please?
oK, AS i THOUGHT, THEY WIN AGAIN
I bought the house as a favour to my sister. They bought it from the local council for my parents as part of the Right to Buy scheme in the 80's. When my Father died, his will stated that I could live in it rent free until I decide otherwise. I was earning good money at the time and my brother-in-law was struggling so I said if he calculated how much he has paid for the house thus far, I would buy the house at that price plus £10,000. This is how they repaid me.
Indeed. I realise this is not the answer you necessarily want and not the one I want to give you, but I have a duty to be honest
Can I clarify anything else for you?