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There is a charge on my sale property in the name of my parents,

all monies have been paid...
There is a charge on my sale property in the name of my parents, all monies have been paid back to them, how do we remove the Charge, is it something that I can do myself? using the ds1/ds2 forms?

Thanks!
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Answered in 9 minutes by:
5/20/2013
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Thanks for your patience.

If you are prepared to do a bit of admin and your parents consent to this then you can probably do it yourself.

Your parents will have to execute a DS1 form, which is available for you to download and prepare yourself from the Land Registry Forms page:-
http://www.landregistry.gov.uk/professional/forms

You will need a copy of your registered title to refer to and enter the details where appropriate on the DS1 form.

Your parents will have to execute the DS1. It must be done as a deed so in the execution panel you should enter



Executed as a deed by
[INSERT NAME OF PARENT 1]

Witness signature:
Name:
Address:

Executed as a deed by
[INSERT NAME OF PARENT 2]

Witness signature:
Name:
Address:



They will probably also need to execute a Land Registry ID1 form to prove their identities. Again, this can be downloaded from the land registry link about. You should complete it in their names (one form for each) then give it to them.

They should take the DS1 and ID1 form to a local solicitor to execute. It should cost around £20-30.

Once they have done this and passed them back to you, you will probably have to complete an AP1 form for “Discharge” referring to both forms and send this to the Land Registry Office that deals with your registered title. They will then remove the entries relating to the charge.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom

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Customer reply replied 4 years ago
Thanks for your help, how does this work if my parents are now separated, do they both need to do this as they are both named on the original charge, do they both need to go to a local solicitor at the same time with the ID1 and DS1 forms or can it be done separately? ie, my mother goes to one solicitor with the DS1 and ID1 and my father goes to his with just the ID1 (they are not on speaking terms, not easy!) or can the charge be removed by just one of them? thanks!
Hi,

They both need to execute it but they can do it separately.

They don't need to go a solicitor together. The DS1 will need to be executed by both of them on the same form but it can be sent to the first to get their signature and then sent to the seconed after that.

They acn then send the respective forms to you thereafter.

Please remember to rate my answer.

Tom
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Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
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Customer reply replied 4 years ago
yes can you confirm, is it the AP1 form or DS2 form that i will need to send off along with the DS1 and 2x ID1 forms? AP1 an application to change the register, whereas the DS2 is an application to cancel entries relating to a registered charge.

Thanks for your help,
Regards,
Dan
Hi Dan

You must send an Ap1 form + 2 x ID1 forms + 1 x DS1 form to the land registry with their requiiste fee (if any).

It is better in this instance to use AP1 because your parents are private individuals rather than professional lenders/mortgagees.

Please rate my answer.

Kind regards,

Tom

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 4 years ago
sorry last question! when filling out the AP1 it should be filled out using my parents details, having them as the applicant? I as the proprietor do not need to fill out a ID1 form or anything myself? as all the other forms are filled out by my parents?
Hi,

It would probably be easier for the them to be listed as the Applicant. If you list yourself as the applicant then you will also have to complete/execute an ID1 form.

Please rate my answer now.

Tom
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Customer reply replied 4 years ago
Thats what I thought, so all information will be sent back to me and i can list myself in 'third party notification' so i get updates.
Thank you so much for your help!

Regards,
Dan
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Thomas
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