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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10530
Experience:  Barrister 17 years experience
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Property Law question. When my mother died (01/2001)

Resolved Question:

Dear Sir; Property Law question. When my mother died (01/2001) she left behind a secured overdraft with her bank. I cleared the charge off after her death and recovered all her deeds/documents of title from the bank. I registered mothers title 4 years after mothers death at the Land Registry. The estate still remains unresolved -(12/03/2016)!!!!. Can I apply to register the (still unpaid) charge at the Land Registry ??? Regards, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. There is a 12 year time limit on the registration of charges. Under the situation where you discharged the secured overdraft, you would become entitled by way of subrogation to a charge of your own over your mother's property. As the property was not registered in the name of your mother when you discharged the secured overdraft, you would have 12 years from the date of registration of the title to the property in the name of your mother within which to register the charge. Accordingly, as you registered the property some time around 2005, I would advise you to get a move on with registering your charge. The charge currently exists in equity. However, in order to affect the title to the property, it needs to be registered as a burden on the title folio. Otherwise, it is not a legal charge and you would need a court application to effect its imposition, within the 12 year time limit. HOwever, once the charge is registered on the folio, then it is good to follow the title. HOwever, again a 12 year time limit applies. I would advise you to act against the property, or else replace the executor/administrator before the 12 year time limit is up to ensure payment. Otherwise your rights risk being prejudiced.
Expert:  Buachaill replied 1 year ago.
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