Land Registry Putting Charge on a Property Question

by Phillpots Tue Oct 24, 2017 5:20 pm

If someone wanted to put a charge on a property (thinking property .gov use). Would that 'someone' be able to do this or not? I ask because I was not sure a charge goes against the person or the property whoever is in their.

by Waffle Tue Oct 24, 2017 5:59 pm

Legally land only needs to be registered for a mortgage, upon this a charge is recorded against the property/land as proof of security for the loan. This charge then holds equitable value and is part of the securitisation of mortgages where by the investor in a securitisation process becomes the beneficial owner, this is distinct from a trust relationship and the beneficial owner/equitable chargee holds the deeds and charge as an encumberance in the case of default. The charge is for securities purposes and once the loan has been paid the land/property should be discharged.

For what purpose would you like to record a charge against the land? I think anyone should have the power to do so providing the corrrct procedures are taken

by Phillpots Tue Oct 24, 2017 6:13 pm

I was just thinking can charges be put on government buildings.

by Waffle Tue Oct 24, 2017 6:27 pm

If they agreed to it yes, it's all done by consent...

by Phillpots Tue Oct 24, 2017 6:36 pm

Nice one but I was thinking why not. If it really is not possible, then I would move on.

Re land only registered for a mortgage, I thought all land and or any property had to be registered even if it was paid for outright and upfront.

by Tiggy Tue Oct 24, 2017 7:03 pm

If you got a CCJ against an organisation and they owned the property then you can apply to the Court for an ex-parte Charging Order.

by Phillpots Tue Oct 24, 2017 7:10 pm

Now we are getting somewhere, thanks Tiggy

by Phillpots Tue Oct 24, 2017 8:32 pm

I thought I'd purchase from land registry a certain .gov council building info. This building (like others across the country) is moving it's employees to a new modern building with this one I talking about being built as I speak. Extract below.

C: Charges Register
This register contains any charges and other matters
that affect the land.

(.2010) The parts of the land affected thereby are subject to the
rights reserved by a Conveyance dated ***** 196* made between (1)
The Mayor Aldermen and Burgesses of The Borough of ***** and (2) The
Merseyside and North Wales Electricity Board.

Hmmm

by Tiggy Wed Oct 25, 2017 1:53 pm

Phillpots wrote:I thought I'd purchase from land registry a certain .gov council building info. This building (like others across the country) is moving it's employees to a new modern building with this one I talking about being built as I speak. Extract below.

C: Charges Register
This register contains any charges and other matters
that affect the land.

(.2010) The parts of the land affected thereby are subject to the
rights reserved by a Conveyance dated ***** 196* made between (1)
The Mayor Aldermen and Burgesses of The Borough of ***** and (2) The
Merseyside and North Wales Electricity Board.

Hmmm

I think that's quite common if there is a sub station or even a electricity post on the land, it's in case they require access for repairs. My parents had this when an electicity post had been sited off road on the edge of their garden.

by Phillpots Wed Oct 25, 2017 5:05 pm

Thanks Tiggy

So perhaps is does not matter if there is a charge on land/property. Glad you mentioned about electricity and I find the The Mayor Aldermen and Burgesses interesting but if having a charge is not important then when sold by .gov and it goes into their account and transfers to private businesses - who cares.

by Tiggy Wed Oct 25, 2017 5:13 pm

Phillpots wrote:Thanks Tiggy

So perhaps is does not matter if there is a charge on land/property. Glad you mentioned about electricity and I find the The Mayor Aldermen and Burgesses interesting but if having a charge is not important then when sold by .gov and it goes into their account and transfers to private businesses - who cares.

A Mayor / Alderman and Burgesses would be the persons with civic authority to amend the rights to the land / property.

It does matter if you have a final charging order against a property, it has to be paid off before ownership is transferred / conveyed.

The paragraph you're looking at (ie Rights Reserved) isn't a charge, I think it comes under 'other matters that affect the land'.

by Phillpots Wed Oct 25, 2017 5:35 pm

So is there anyway to check what percentage (paid off) these two have?

by Tiggy Wed Oct 25, 2017 7:19 pm

Phillpots wrote:So is there anyway to check what percentage (paid off) these two have?

Who two ?

by Phillpots Wed Oct 25, 2017 7:52 pm

These two

(.2010) The parts of the land affected thereby are subject to the
rights reserved by a Conveyance dated ***** 196* made between (1)
The Mayor Aldermen and Burgesses of The Borough of ***** and (2) The
Merseyside and North Wales Electricity Board.

by Tiggy Wed Oct 25, 2017 10:20 pm

Phillpots wrote:These two

(.2010) The parts of the land affected thereby are subject to the
rights reserved by a Conveyance dated ***** 196* made between (1)
The Mayor Aldermen and Burgesses of The Borough of ***** and (2) The
Merseyside and North Wales Electricity Board.

Aldermen & Burgesses? they're not surnames they're old titles.

Alderman is a co-opted member of an English county or borough council, next in status to the Mayor.

Burgess originally meant a freeman of a borough (England, Wales, Ireland) or burgh (Scotland). It later came to mean an elected or unelected official of a municipality, or the representative of a borough in the English House of Commons.

by Phillpots Wed Oct 25, 2017 10:27 pm

I use Etymology Online alot. Back to the question - is there any way to figure out what percentage of the charge they are due?

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