Q&As

When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 05/12/2018

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?

When applying for a vacating court order to remove a historical charge against a property, is a normal application on Form N245 required or is it necessary to make a claim on Form N1 (under CPR Part 7) or a claim under CPR Part 8?

The Land Registry Practice Guide 63: Land Charges—applications for registration, official search, office copy and cancellation, outlines the procedure when applying to cancel a land charges. However, the guide explains that the registrar cannot make ‘judicial decisions’ and, as such, where a registrar would be in effect asked to do this, an application for a vacating order should be made to the court pursuant to the Land Charges Act 1972 (LCA 1972).

LCA 1972, s 6 provides as follows:

‘…(6) Subject to the provisions of this Act, registration may be vacated pursuant to an order of the court.

(6A) The county court have jurisdiction under subsection (6) above—

(a) in the case of a land charge of Class C(i), C(ii)

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