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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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How can I stop/cancel a charge on my property? I bought my

Resolved Question:

How can I stop/cancel a charge on my property?
I bought my house from a relative. We verbally agreed an amount. When the paperwork came through I noticed that a charge of £30,000 had been attached to the property. This has caused many problems when I have tried to remortgage for home improvements.
Can I do anything about this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was the charge ever agreed please?

Customer:

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.

Alex Watts :

How long has it been on the property?

Customer:

Since I bought the property in 2007

Alex Watts :

Why have you only now 7 years later want to remove it?

Customer:

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.

Alex Watts :

Ok - so you appealed to the Land Registry Adjudicator?

Customer:

No, I didn't know that was an option

Alex Watts :

You said you appealed several times?

Customer:

Sorry, I meant I appealed to the relatives better nature

Alex Watts :

Ok - you should have appealed this decision to the Land Registry. You could have objected to the decision.

Alex Watts :

It may now be too late to do this.

Alex Watts :

It therefore may be that you need to seek a declaration that the Court that the charge be removed

Alex Watts :

You would need to write to the charge owner and ask him to consent and if he refuses say you will go to Court.

Alex Watts :

If he does refuse then you can issue proceedings.

Alex Watts :

You would need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

The claim would be issued and a copy of the claim sent to the Defendant.

Alex Watts :

The judge would then list the matter for hearing and decide whether to make a declaration

Alex Watts :

You would need representation at Court though

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

oK, AS i THOUGHT, THEY WIN AGAIN

Customer:

Thank you

Customer:

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.

Alex Watts :

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

Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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