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New House - Historic/Dormant Land Charge- How much of a problem>

2 replies

AudTheDeepMinded · 29/08/2022 20:03

Evening all,
We are currently in the final stages of purchasing a new house. The conveyancing solicitor has uncovered an historic land charge dating to 1927 on the property. It was originally created for two brothers but now seems to be owned by a building society. It has never been claimed from the current owner.
I understand that in 2037 all historic land charges will cease to exist. But in the mean time, how much of a risk are we taking? Ideally, we would like to redeem the charge, but is this in itself a risk, ie highlighting to the rent owner they own this rent? And are they obliged to let us redeem it?
Our solicitor has asked the vendor to take out indemnity insurance. If there is an issue will this actually cover us financially for any costs?

In short, what do I need to know/do to make this as risk free to us as possible.

Thanks

OP posts:
boddingtonbee · 31/08/2022 10:04

Found a similar scenario on a legal site legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/conveyancing-issues/1622123-old-land-charge-company-dormant/page2 Advice seems to be push for the vendor to resolve. Them taking out indemnity insurance seems a smart move. Not your problem!

AudTheDeepMinded · 31/08/2022 10:13

boddingtonbee · 31/08/2022 10:04

Found a similar scenario on a legal site legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/conveyancing-issues/1622123-old-land-charge-company-dormant/page2 Advice seems to be push for the vendor to resolve. Them taking out indemnity insurance seems a smart move. Not your problem!

I'm not sure we have time to go down that route. And I'm not sure of how the rent charge would be redeemed, or if the rent owner is obliged to let us/the vendor redeem it. I'm worried that if we make them aware of the rent they will want to claim it and backdate it! I'm seeking clarity from our solicitor as to which party is taking out the insurance, although the vendor is covering the cost.

OP posts:
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