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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A transfer of the property took place in 1995 with the aid

Customer Question

A transfer of the property took place in 1995 with the aid of Legal Aid. Then then sol. did not register the legal aid. The legal aid board have now gone ahead and registered it despite my objections of the 12 years. The Land registry say i can still dispute it even though they have gone and registered it. Should I just write my objection to them myself or should I get a solicitor to do it?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
On what grounds are you challenging this (the 12 year debt rule does not apply to the Statutory Charge)
Customer: replied 3 years ago.

The land registries letter says:-

Reason :-

The matter I received legal aid or funding was finished a long time ago. Does the Lord Chancellor still have the right to a restriction?

As long as money is owed, the statutory charge remains in force and the Lord Chancellor is entitled to apply restriction. The land registry say in their letter one of the grounds it can be "it is not entirely clear whether a delay of more than 12 years in applying restriction might mean that that the Lord Chancellor loses the right to make such an application (under the Limitation Act 1980)

I don,t quite understand if the Lord Chancellor loses the right to make such an application does that mean that the money is still owed?

I hope that is a little clearer

Expert:  Clare replied 3 years ago.

I am sorry but the money is indeed still owed - and the Restriction can still be Registered as the Statutory Charge is NOT covered by the Limitation Act.
I realise that this is not good news - but this is a Statutory debt and not a Contractual one
Please ask if you need further details