Application to Dispense with Certificate of Charge
If a Certificate of Charge has been lost or destroyed and the charge is being released, an application should be made requesting the Registrar to dispense with production of the Certificate of Charge in connection with that release (Rule 130(3)). In such circumstances, Precedent 8A should be used
PRECEDENT 8.A
APPLICATION TO DISPENSE WITH CERTIFICATE OF CHARGE ON CANCELLATION OF THE CHARGE
LAND REGISTRY
Folio: County:
Registered Owner:
Registered Owner of Charge:
I, the undersigned .......... a partner/solicitor in the firm of .......... of .......... hereby certify that:
1. I act in this matter for the above-named registered owner of charge (or as the case may be).
2. The charge registered on .......... in favour of .......... has been released and I refer to the release dated .......... lodged herewith.
3. After making all necessary and appropriate enquiries I am satisfied that the Certificate of Charge relating to the said charge has been lost or destroyed.
4. A suitable advertisement has been published in respect of the missing Certificate and the time limit for replies has expired. No information regarding the whereabouts of the Certificate has been received and no objection to this application has been made.
OR
It is neither necessary nor appropriate to advertise in the particular circumstances of the loss or destruction.
5. No-one other than the above-named registered owner of charge is entitled to custody of the Certificate and at the time of its loss or destruction the Certificate was not the subject of any pledge or deposit as security for money and was not held by way of lien.
6. The charge is not the subject of any sub-charge.
7. I undertake to surrender the Certificate to the Land Registry for cancellation if it should ever come into my possession.
8. I request that the Registrar dispense with production of the Certificate in connection with the application lodged herewith for cancellation of the Charge.
Dated:
Signed: