charge on property

[mark14]

I paid a large deposit on my son and girlfriends house. I want to put a charge on the house so that if they sell or part company I can get my deposit back

[Ethel]

Is that what was agreed when you gave them the money?

Did they fully understand it was conditional?

[mark14]

Yes they signed a piece of paper I drew up but it wasnt done through the solicitor. I just want to cover myself incase they split up or anything happens and her family decide to intervene. If the house was put up for sale they could go off with my deposit. The house is in joint names with my son and his girlfriend

[Ethel]

A charge usually requires a court order - the Land Registry must be entirely satisfied you are entitled to register a charge.

You can register a notice of interest, either unilaterally or mutually with your son and his girlfriend but this only ensures you are notified of an impending sale or remortgage or other change. It doesn't guarantee you will get your money.

In the first instance telephone the land registry for advice - they really are very helpful and have all the up to date information.

You may need to engage a solicitor to make the agreement you have more formal.

[Eve]

Would they agree to a charge being put on?

In which case you can get a charge deed drawn up (CH1 form from Land Registry) and have it lodged at the Land Registry with an AP1 form (to change the title register) for a �40 fee.

If there is to be a restriction to prevent sale without your consent (though if repossessed it can be overriden so check there is sufficient equity) it will also need to be sent with a Form RX1 or AN1. The consent is implied if son and daughter sign the charge deed.

I'd get a solicitor to draw up the charge for you, I do them a lot and only charge �100.00 plus VAT and disbursements such as getting title details normally as not a lengthy process.

It means you are more protected. Son and girlfriend should be offered independant legal advice.

If they would not agree to sign a charge then you can put a Unilateral Notice on, Form UN1 which needs to be sworn as a statutory declaration (criminal officence to swear a false one) and sent with �40.00 fee.

You could attach the agreement you had signed and any other correspondence.

All the forms are here...

http://www.landregistry.gov.uk/www/wps/portal/ !ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQ wt381DL0BBTAyNjY0cTE19PQwN3M6B8JB55A2J0G-AAjoR 0-3nk56bqF-SGRpQ7KioCALdDEtQ!/dl2/d1/L2dJQSEvU Ut3QS9ZQnB3LzZfTEY1NDE4RzdVOVVUNTAyMzNBNDRNSTE wRzU!

Ring the Land Registry and see what they suggest. You can find the right one (for where the property is) here...

12:59 Wed 11th Jun 2008

[Eve]

http://www.landregistry.gov.uk/www/wps/portal/ !ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQ wt381DL0BBTAyNjY0cTE19PQwN3M6B8JB55A2J0G-AAjoR 0-3nk56bqF-SGRpQ7KioCALdDEtQ!/dl2/d1/L2dJQSEvU Ut3QS9ZQnB3LzZfTEY1NDE4RzdVOVVUNTAyMzNBNDRNSTE wRzU!

I would advise getting some legal advice though especially if a charge is to be drawn up.

[mark14]

thank you that has been very helpful