How to find what charges are on my property?

[ValandTraci]

Really hoping someone will know the answer to this.
My wife and I are looking to sell our property and we still have a mortgage on it (therefore a charge), however does anyone know how to find out if there are any 2nd/3rd charges on the property and for how much?
Weve looked online and cant seem to get a positive reply.
Hoping for one here..

Google "eservices land registry" and click the first hit. Create and account, do a mapo search by postcode (free), note your title number and then get, for £3, office copies of the register.

Why would you have a random charge against the property? You'd usually know - debt leading to court orders etc.

Check land registry

but why on earth do your think there are charges you don’t know about??

Surely you’d know? A charge applied is a rather end stage event of debt collection

Thanks for your replies. There was a 2nd charge placed on the property around 12 years ago, however trying to find out whether its been removed as we understand they become invalid after 6 years (so weve been told)!

Charges do not expire after 6 years - what would be the point in most charges if they did? Are you thinking of the CCJ coming off your debt file?

www.stepchange.org/debt-info/debt-collection/charging-orders-and-my-home.aspx

You'll need to look it up on the Land Registry system. When you find the register, there are three sections and the charges are listed in Part C (charges register). Each charge has two entries. I'd theoretically be very happy to have a look for you but appreciate you won't want to give a stranger your details. Once you download the details from the Land Registry you should be able to see. If there is anything other than the mortgage you know about, you can do some investigating from there.

Was it a charge placed by a company because you owed them money? And if so, have you paid any back? If you are in Scotland the period a charge can be on a property is 12years.

They do not become "invalid" after 12 years. That is the whole point of a charge. It is permanent security.

They do in Scotland, where are you from OP?

No they don’t. A charge on a property remains until discharged

Yes, in England and Wales. But not in Scotland - there is a 12yr limit to a charge on a property.

There is a distinct lack of precision from those suggesting that a charge in Scotland becomes unenforceable after a period of time. “A 12 year limit to a charge on property” is a meaningless phrase.

A reference to the relevant statute would also be helpful.

Don’t click the first hit, click the one that’s the government site. Which may not be the first hit

www.gov.uk/government/organisations/land-registry

Thanks for all your replies guys. Very helpful.

I can't point you to the actual statute, but my understanding is what Scotland calls a charging order is very different from charging order in England & Wales. They do indeed expire after 12 years. As far as I can tell, they are mainly, possibly only, used by local authorities where the debtor needs to pay for care, but don't quote me on that.

As I understand it, the nearest equivalent to an English or Welsh charging order is an inhibition. That attaches to the debtor rather than the property but has much the same effect - the creditor can stop the debtor from selling or re-mortgaging their home until the debt is paid. When you are purchasing a property, your solicitor will check to see if there is an inhibition against the seller. An inhibition lasts 5 years but can be renewed for further periods of 5 years.

When I bought my current home there was a last minute hiccup before exchange because of a charge on the house. It stemmed from a noise abatement order from a faulty burglar alarm years prior. It wasn't much, about £100 from memory, but it was owed to the local council.

It wasn't the current owners but the ones before, so had been totally missed when they purchased the property. Nothing could move forward until it was paid and our sellers immediately settled the charge.

It does happen, and can be missed it seems.