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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is there any time when a charge registered on a property

Resolved Question:

Is there any time when a charge registered on a property deed is not valid
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you explain a little more about the Charge and the background please

Customer: replied 1 month ago.
There is a charge on a deed of a property I own that I didn't know was on there ,registered in favor of the solicitors son that did the legal work.
I questioned the solicitor about it and he told me it isn't valid
Expert:  Clare replied 1 month ago.

Sorry - in favour of his son?

Can you give the exact wording please?

Customer: replied 1 month ago.
The land tinted pink on title plan is subject to the rights granted by a transfer of land adjoining the south western boundary of the land in this title dated 19 th October 2007 made between (sons name) and company name
Customer: replied 1 month ago.
Here's a photo
Expert:  Clare replied 1 month ago.

That is not a Charge as such - not like a mortgage.

It is about Land Rights that may or may not still be in existence

Have you called for a copy of the transfer detailed?

Customer: replied 1 month ago.
I haven't ,should I ?
Could this 'charge' affect me selling the property ie.would I need permission from him
Customer: replied 1 month ago.
Would that be the one filed under a number starting SK1?
Customer: replied 1 month ago.
Clare,
Am I finished with my question allowance?
Expert:  Clare replied 1 month ago.

My apologies I have been out.

This is NOT a charge and you do not need permission from anyone else to sell the property

The part of your land that is coloured pink used to be part of a larger area including land that was owned by the Son.

When the property was split there were various clauses about the relationship between the properties - regarding upkeep of boundaries etc that were common to both properties and these are still potentially binding on your property

You can find out what they are by getting the title number of the adjoining property and getting a copy of that Transfer.

However there is no great need to do so - it is unlikely that it has any great relevance now

Please ask if you need further details

Customer: replied 1 month ago.
Thank you Clare,a great help
Expert:  Clare replied 1 month ago.

You are most welcome

Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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