Ask a Law Question, Get an Answer ASAP!
Applying to court for an order to remove the charge on the basis that no one has any interest in it is NOT likely to cost anything like £10,000 if whoever has the benefit of the charge (the beneficiaries of whoever had the original charge) does not contest the application. It’s likely to cost not much more than the court fee and the solicitors fees. That’s likely to be perhaps £2000 or thereabouts.
Sometimes, in circumstances like this, the land Registry will take a Statutory Declaration from the beneficiary of the estate of the deceased, stating that they are the only beneficiary and that the estate of the deceased was such that probate was not required and they then declare that they have no interest in the property.
Have you asked the land registry whether they would deal with it that way?
There are only the 2 ways of getting it removed, court or land Registry and I would be amazed if they would not take a statutory declaration. I assume that you have tried to deal with this on the telephone and that your solicitor has put this in writing to them.
Can I clarify anything for you?
Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.
I am pleased to have helped.
To be honest, I am surprised that your solicitor has not suggested this already. It’s important that he says that there was no need to apply for grant of probate because the estate of the deceased was relatively small.
Please don’t forget to use the rating service so that I get paid. It doesn’t cost you anything but helps me greatly. Thank you. Best wishes