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Hope someone can help with this?

 

I have lived in my house since 1976.

Never had a demand for this rent until now.

 

The demand from Linder Myers Solicitors says made payable by a conveyance dated 6th December 1898.

 

Executors of Mrs Marjorie Wilkinson Dodd Rent owner under a conveyance of 24-12-1990

I own the Freehold which I purchased in 2001 so I don't pay any Ground Rent and I know this is a separate charge.

 

On the document from the Land Registry under Charges Register it states:-

1.The land in this title is with other land subject to a perpetual yearly rent charge of £27.14s .0d created by a Conveyance dated 6 December 1898 made between

(1) Mabel Newton Taylor and

(2) Thomas Whitehead.

 

The said Deed also contains covenants.

NOTE: Abstract filed under LA127521.

By the Conveyance dated 22 November 1933 referred to below the land conveyed was informally exonerated from this rent charge.

 

2. (24.04.1986) LEASE dated 10 May 1929 for 999 years from 10 May 1929.

Note : Lesee's title registered under under GM94593.

 

3. The land in this title with other land is subject to a perpetual yearly rent charge of £8 created by a Conveyance dated 22 November 1933 made between !9 Joseph Warburton and William Albert Downs.

 

The said Deed also contains covenants.

NOTE: Copy filed under GM408242

 

There is no mention of conveyance dated 24-12-1990.

Bit long winded I know but any advice appreciated

 

Also they are claiming arrears from 2012 to date

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interesting

so they suddenly found that since the Executors - Mrs Marjorie Wilkinson Dodd Rent owner - became so in 1990

they have just discovered its not been paid...and to date have not demanded it.

 

they have used the statute of limitation [6yrs] as they cant claim it back past that date..

 

haven't a clue.

 

but just thought i'd outline it..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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now any covenant has to be enforced to be lawful so as they havent enforrced since 1976 then it is dead and gone.

 

You will need to ask a property lawyer about the class of freehold that your house falls under and you may need to contact the land registry to claim this for yourself under adverse possession rules that would have been in place between 1976 and 1988, the 12 years you need to occupy to claim the freehold possession. Buying the freehold in 2001 may have killed any claim anyways

 

That is why the lawyers are trying their luck,

they are trying to create a condition that no longer exists and if you pay them you are acknowledging that you dont want the freehold as an absolute title. Worth spending a few hundred fighting this as you will get that back when you win.

Edited by dx100uk
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