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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own land since 1985. I paid in full. I got married

Customer Question

I own land since 1985.
I paid for it in full.
I got married in 1987.
Her interest was entered on the deeds--without my knowledge .
We divorced in 1995.
The settlement did not mention the land--as I was not aware of the entry.
Now that I am sorting out my affairs/will ext. I find out that about the entry.
I don't owe her any money.
The Landregistry and I want to contact her for the release of the entry--
butI don't have a forwarding address.
I tried searches like 192 ect--but have failed.
What do to get the entry off the deeds?
Thank you for your reply
Christian-Frederick
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
see above
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the nature of the Restriction - the exact wording?
Customer: replied 1 year ago.
Sorry had to dash to London--just back.
Will look up the exact words on Saturday--and come back to you.
It was something like ' a caution in favour of Valerie xxxxx' was entered
Customer: replied 1 year ago.
I came back on this tomorrow
Regards
Customer: replied 1 year ago.
H3ello Clare--
sorry I can come back to you only today--had to get the Land registry cert out to look up the text.
It says--I quote:
Under Title absolute --under 2. --- ( 3.February 1989 ) CAUTION in favour of Valerie Mary von Conzendorff-Mattner of Tatria. Rockhouse Lane,Maidencombe , Torquay, Devon ---- {my note : this was my ex wife when she still had my name}Does this help?
Where do we go from here???
Expert:  Clare replied 1 year ago.
That looks like a Matrimonial Hoes rights Notice which can be removed by sending a copy of the Decree Absolute with this formhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490285/HR4.pdfI hope that this is of assistance - please ask if you need further detailsClare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Clare --thanks for your answer.
Question: You write --"That looks like a Matrimonial Hoes rights Notice"---what is Hoes? Do you mean Homes rights Notice?
Also there is a further caution on the deed in regard of use of my land for an LPG tank of my than neighbour===
I have written to the last known address of the previous neighbour--letter was returned.
What do I do with that ?
Any other ADDITIONAL questions in relation to monies I lent to a person in 1990--can I ask as well?
Expert:  Clare replied 1 year ago.
Sorry - that should indeed same "homes"What is the wording of the second caution?
Customer: replied 1 year ago.
(5 June 1989) CAUTION affecting the land tinted pink ( note: approx 10 m2) on the filed plan in favour of Francis Gilmore Bevan and Lise Bevan of Flint House, Thruxton, Andover,Hants and of Messrs, Talbot Davies& cooper of*****, Andover-----My letter asking for them to agree the annulment of the caution was returned--Not Known--
What do I do do --please--which form do I need to use?
Expert:  Clare replied 1 year ago.
Is that all the Caution says?
Customer: replied 1 year ago.
Yes that is it.
At the time of the caution date the Bevon's bought my than House and I kept the neighbouring agricultural land.
The piece of my land/ facing my previous house had an LPG tank which supplied the LPG for my ex house.
I assume that the caution must relate therefore to the LPG tank so they could continue using it. One of the owners of my ex house (2/3 since the Bevans) --- have since connected to mains gas and no tank is there any longer.
I want to have the caution removed to clean my deeds to hand over a clean situation for my heirs or for a sale.
What do I do?
Customer: replied 1 year ago.
Can I have the answer PLEASE
Expert:  Clare replied 1 year ago.
Who owns the land in question now>
Customer: replied 1 year ago.
Thank you for replying--even on a Sunday--
Clare it is not a fresh question we are talking about the same land as before.
It's my land but there is this caution-- as above.
Thank for your reply
Expert:  Clare replied 1 year ago.
Sorry I should have been clearer. Who currently owns your ex house now?
Customer: replied 1 year ago.
Different people to the people in whose favour the caution is.
As I said before : there have been 2/3 owners since the caution happened --
the current owners are not aware of the 1989 caution--and they are on mains gas / the LPG tank has been removed 10/15 years previous . Their property has also different deeds to my /neighbouring land.
The site of the previous LPG tank is still within my fence and boundary---but the caution needs to be removed to have my deeds TIDY.
OK ?
Expert:  Clare replied 1 year ago.
OKSo you have forwarded formal notice that you intend to ask the Registrar to lift the Caution - is that correct?
Customer: replied 1 year ago.
Yes I tried to contact the Bevans to inform them that I wanted the caution to be lifted---
but it was returned --not known.
What now?
Expert:  Clare replied 1 year ago.
Yes but have you formally sent them notice to the address on the Register that you intend to apply to have lifted?More to the point have you sent it with prove of posting (not receipt)If so then you can apply to the Registrar for the Caution to be listedClare
Customer: replied 1 year ago.
NO NOT WITH A ROOF OF POSTING==
So do I have to send it again by registered mail--and than apply to the registrar???
Expert:  Clare replied 1 year ago.
Not Registered - you do not have to prove receipt - just that you sent it!
Customer: replied 1 year ago.
??? doesn't the fact of sending a letter registered prove that I sent it???
Expert:  Clare replied 1 year ago.
Yes but it allows then to ask if you have proof of receipt....
Customer: replied 1 year ago.
SO WHICH PROOF of my having sent it --do I have to present/have?
Expert:  Clare replied 1 year ago.
If you ask at the Post Office they will provide it!