land registry interest...

[wilkesneil]

can a solicitor place an interest on the land registry (if a house is sold) if the person who they've set it up through doesn't have the name on the mortgage (so don't have a legal right to the house).
i thought if i didn't pay a solicitor that they could register an interset as the house is in my name, but surely this can't be true for someone else who isn't on the mortgage???

any help would be advised as this solicitor is sly, and would like to know how to get it uplifted in the future (if i do sell my house) and what grounds he had to put it on in the 1st place...

[boxtops]

I'm really sorry, wilkesneil, I don't understand your question.

[wilkesneil]

basically i found out today that a solicitor as filed a land registry interest on my property, i've never used this solicitor so owe them no money.
as the mortgage is in my name only, i didn't think they could file an interest for someone on someone else's property.

i'm not bothered at the moment as i'm not selling but in the future this will hold up any sale if i did sell, if he had no rights to do so i think i need to be writing a letter once i found out all the facts, what rights he has or hasn't got and my rights.

just don't understand how it all works

[boxtops]

Oh I see - I didn't think anyone could do that, either. If you own the house and land, surely it's yours, unless someone has rights over the land in some way.
Can you get a copy of the entry in the land registry?
How did you find out, by the way?

[wilkesneil]

someone told me tonight, the house is freehold so i own the land also.
i don't think they have a right either, but as an engineer my knowledge on law is not all that good...
i think next time i'm in town i may just pop in and make my feelings known about it, and also to take the mickey a little i may give them a letter saying i'm putting a claim on their business....
play fire with fire (whats good for 1)

[wolf63]

If it were me I would take it seriously - sort it out before it becomes an issue.

It is possible that you have been given incorrect information regarding this. If you trust the source of the information I would check who owns the debt and try and unravel the mystery.

[wilkesneil]

i will do my best to unravel and if i find they have put an interest on i will do my upmost best to get them struck off the solicitors list to stop them doing it again, i will also request compensation at ?% of my house property or will seek legal action.

also where can i find this information out?

[buildersmate]

The Land Registry will not allow an entry on the Charges Register without there being a Court Order for a debt first.
So someone has obtained such an order on you over a debt and this solicitor has been used to register the charge.
This charge will be a second charge - the first charge is held by your mortgage company.
All of this is perfectly possible so before dreaming that you can apply to the Law Society to get this individual struck off, I suggest you get in touch with him to establish the nature of the debt.
It is vaguely possible there is has been a mistake in identity, but it is only an outside chance.

[dzug2]

If that someone else has a provable interest in the property (and the absence of their name on the mortgage is not 100% proof that they don't) - or indeed a claim against you for some other reason then it could be a legitimate charge.

Are you saying the solicitor is acting for themselves or carrying put instructions someone else has given them?

I get the impression that you are leaving out part of the story.

[wilkesneil]

dzug,
they are acting on what someone else has told them.
what i've said on here is everything i know about it, i'm gonna have to get to the bottom of it as to the truth and why. i also can't see has to why there would be a different type of charge as i have no debts, no credit cards (dont want 1), no loans, all bills are paid so i have no idea why it would be there.
builders mate,
you mention mistaken identity, if it is then he's still done it.

[woofgang]

you can also register an interest on a property, without the owners consent, if there is some kind of dispute over ownership, eg a disputed will....the land registry should inform you that the interest has been registered, who by (by this I mean on whose behalf the solicitor did it) and on what grounds. I would suggest that you find this out first before approaching the solicitor.

[boxtops]

From what others say, I think you are right to be worried - but it sounds as if the solicitor may be acting quite lawfully if a Court has somehow put a charge on your property, even though you didn't know. If this is right then they are acting as they should, no point about talking about getting them struck off.
Sounds as if - as I suggested last night - you should contact the Land Registry and ask for more information as to what they hold on record - or if you feel it would be better, contact your own solicitor.
You still haven't clarified how you found out about this charge on your property, did they send you a letter?
It won't be the solicitor you owe money to, it's someone behind them, who obviously thinks that either you (or someone living in your house before you) owe them something.

[bednobs]

from reading your question, either one of your relatives, or someone who is living with you owes this solicitor some money, right? And he/she has got a chrging order on your house in order to secure the money they are owed - is this right?

[wilkesneil]

bednobs, your correct on your last post, but i don't think they can do this as in the eyes of the law its not theirs.
i've never had any contact off land registry or a solicitor regarding this, its just what i've been told, i have e-mailed the land registry and need to await their response now.
it's not nothing i owe as i only owe my mortgage and a car loan which is close to finishing....so there nothing to use on my name.

[themas]

I've read through this, & I'm still confused.

1. Are you the only owner of the property? If not (& any joint owner will not necessarily be on your mortgage), could it be that the other owner has a debt & the interest which has been registered relates to them?

2. If the above is not the case - in other words, if you are the sole owner - you can get your title deeds from landregistry online for a few £. Do so & study them to see what you can find out. That, together with the reply from the Land Registry when you get it, should make the situation clearer to you.

3. You will then probably have to contact the solicitor who arranged for the charge to be put on, in order to find out why they did it, who instructed them (the name of the person or company should, in any case, be on the title deeds) & how they propose to get it removed.

4. Do not leave this - the longer it stays unresolved the more difficult it will be to sort it out.

[woofgang]

I am wondering who told you if the land registry didn't. The solicitor doesn't have to (although its a courtesy to do so) but when theis happened to us (disputed will), the land registry wrote and informed us (well my late mother actually) that the interest had been registered and what to do about it.
Have you actually got any proof that this has been done? I am assuming that you know well and trust the person who told you?

[donna1901]

lets put pay to this argument neil! u own the house i live in it with our 2children! whoch my mom put a 13500 deposit to secure our future. little did i no our relationship would break down. u didnt want to house so i registered my interest at the land registery and why should i not do tht. its my money forour kids future? u are not sellin our house and profittin from me. We re now back togther and very happy but please tell ppl the real reason why i have placed an interest at the land registery beforedenyin all knowledge u sly weasel! it protectshard earned cash. and before u jump off on one i also work full time so my money is spent in here too! NOW PEOPLE NO THE REAL REason n u dow like it

[mike11111]

Glad that's all cleared up, then.

[NazNomad]

The problem might be but the spelling needs a little work, lmao

[wilkesneil]

we broke up as i worked 12 hour shifts and when we got time together you just wanted to go out with ya m8's and sh@g whoever would have you up town, even though i recieved numerous messages on f/b about you and you had blokes ringing/texting at stupid o clock (which i found out when i hid ya phone 1 night)....
has that cleared it up, oh and i wouldn't pay as i said "i will pay mortgage until a new man moves in as i'm not paying for your new life", he was moved in with days.....

[donna1901]

nice reply! pity the whole of answerbank doesnt know you isnt it..... need i say anymore!