Lexsure e-ROT

Estate Rentcharge · Report on Title scenario

The title says the property is subject to a rentcharge

It is an obligation attached to freehold land to pay a sum to a third party — not a landlord, not a lease, and often someone with no interest in the property at all. Most are Victorian, most are for a few pounds a year, and a great many are never collected. The size of the payment is not what makes them matter; the enforcement remedies attached to them are.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure Report on Title paragraph: Rent Charge (non-new build) · See the wording

Where they came from

Land was sold at less than its value and the buyer agreed to pay the seller an annual sum to make up the difference over time. The arrangement bound the land rather than the person, so it survived every subsequent sale.

Because the amounts were fixed in a currency that has since been decimalised and inflated away, they are now trivial — ten pounds a year is typical, and less is common. They have been widely ignored for exactly that reason.

New rentcharges of that kind cannot be created any more, and the historic ones are on a statutory path to extinction. Estate rentcharges, which secure contributions to maintaining communal areas on an estate, are a different creature and are not going anywhere.

Already bought, and a rentcharge owner has been in touch?

If a demand or a notice has arrived since you completed, what was reported to you about the rentcharge during the purchase is where the question starts.

Find out what should have been explained → WhenIBought.com

Why a trivial sum is not a trivial problem

Because the remedies are disproportionate to it, and because nobody has to demand payment before using them. The enforcement rights available to a rentcharge owner are described on the companion page in this series, and they are the reason this subject exists.

Two further complications are worth knowing about. Where land that was subject to a single rentcharge has since been split, the obligation may have been apportioned — and some forms of apportionment leave each owner liable for the whole of the original sum, not just their share.

And where the rentcharge is old, the owner may be untraceable. That is often the most difficult version: you cannot pay someone you cannot find, and you cannot buy out a rentcharge from someone who does not answer.

How a rentcharge ends

<b>Buy it.</b> If the owner is known and willing to sell, the rentcharge can be bought and released by deed. It has to be drafted properly; this is not a transaction to improvise.

<b>Statutory redemption.</b> A one-off payment through the statutory process extinguishes the rentcharge. It is not available for everything — estate rentcharges, variable rentcharges, tithe rentcharges and rentcharges whose amount cannot be established are all outside it.

<b>Wait.</b> The historic rentcharges created to make up a purchase price are on a statutory timetable and will cease to be enforceable. Estate rentcharges will not.

<b>Insure.</b> Where the owner cannot be found and there has been no contact with them, an indemnity policy is the usual answer. The no-contact condition is strict and permanent, exactly as it is for other indemnity cover.

From the e-ROT archive

Report on Title paragraph

Rent Charge (non-new build)

Archive Lexsure e-ROTScope What a rentcharge isWord count 205Published November 2019

Rentcharges don’t usually relate to a Lease (despite referring to payment of “Rent”). They are an obligation on the owner of Property (the “Rentcharge Payer”) to pay money to a third party (a “Rentcharge Owner”), who may or may not have an interest in neighbouring land, and usually apply to the Freehold interest in Property.

Rentcharges were usually imposed on the sale of Property in order to provide a regular income to the Seller, in return for the Buyer being able to develop the land. As the amounts involved did not change with decimalisation nor inflation, they are now relatively small amounts- typically £10 or less per year. Therefore, they have not always been seen as much of a problem.

Since 22 August 1977, the types of Rentcharge that can be imposed have been severely limited. The main type Rentcharges that can still be imposed on properties within Industrial or Residential Estates, where the Freehold interest in land is sold and the new owner needs to pay to contribute (for example) to the maintenance of common parts of the Estate. These are known as “Estate Rentcharges”. …

Historic wording — DO NOT USE on a current transaction. Published in November 2019 and reproduced exactly, including the missing space in “amounts- typically” and the dropped words in the last sentence. It is shown to explain what a rentcharge is, not as current wording.

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