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Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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I have received a notice from the land registry advising me

Customer Question

I have received a notice from the land registry advising me that a creitor has put a restriction on my property.
The restriction relates to a person that does not own the property and is not registered on the deeds as an owner.
The person used my address for mail direction , while they were finding some where to live. this was 2/3 years ago.
Any mail that has been received for this person has been sent back , advising the sender that they do not live at my address.
Can you please advise me if this is legal.
Look forward to receiving your reply.
Fiona Wright.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. You should apply to the Land Registry to have this burden on your Folio struck out as it does not affect you as true owner. You should do this without delay as not only does it affect the saleability and value of your property but it may also encourage other creditors of this person to believe that they have a property interest in your property with the effect that others may also seek to register burdens on your property. The Land Registry has jurisdiction under the Land Registration rules to strike out and remove any burden which is not properly registered. This avoids the need to go to court in relation to it. You or your solicitor should apply under the Land Registration rules to remove this from your title. From what you say, the registration of this burden on your folio is not lawful as the person against whom it is registered has no interest in the property. Be aware that for a creditor to register a burden against your property, the person must have represented to the creditor that they had an ownership interest in the property when they lived there. Otherwise, there would have been no attempt to register the burden.