Interim Charging Order/Restriction on House - Wanting to sell

[gazfocus]

I am looking for some advice if anyone has any knowledge of this particular area, I would be most grateful.

My wife and I are selling our house and our buyers solicitors have raised a query about 3 restrictions on the register against my sole name. I was aware of 1 of these, but not 3.

Anyway, the buyers solicitors have asked for an undertaking that these 3 debts will be discharged upon completion of the sale. I have asked our solicitor whether the debts actually need discharging as my understanding is that as long as the buyers solicitor writes to the creditors upon completion, the charges will be removed from the land register.

Our solicitor has come back saying no, the charges will need disbursing on completion but I don't agree.

I wondered if someone with more knowledge than myself can give some guidance.

[islandgirl]

I understood that to be removed the debts had to be paid. I would not hand over money for a house unless the charges were removed. What would be the point of charges if the house could be sold and the charges removed by the new owners?

[MIKE770]

Solicitor is right depends on solicitors knowing the laws

[Ukmicky]

Are they unilateral notices (done without your agreement) if so you need to call the land registry and ask why they were added to your register and why you were not informed as you had the right to object . If you objected they would have needed to provide evidence they had a legal right to register one against your property.

One being registered against your property does not mean it’s valid or that anything needs to be paid but it will need removing for you to sell.

If I send the form to the land registry and you don’t object it’s registered without any check on its validity ,even if in the long run it unenforceable