Removing a charge on title at the Land Registry

I have been dealing the administration of two estates where there were a number of charges registered against the properties which the two deceaseds owned. The properties have been sold and in the case of one, all debts have been paid, but the company acting for one of the creditors has not removed their charge despite several requests. In the case of the other, the original creditor was taken over by another company, and it has confirmed that there is nothing owing to it but has nevertheless failed to remove the charge despite a number of requests. As my colleagues in our property department have given the usual undertakings to the purchaser’s’ solicitors, they are unable to give me authority to distribute the proceeds from the estates. Is there a procedure in existence, which enables one to apply to the land registry for the removal of such charges?

Patrick Moroney.

I’m not aware of any LR procedure, but when I was faced with a similar situation a few years ago I applied to the County Court for an order removing the charge. It was fairly straightforward, and I was awarded my costs against the lender.