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A unilateral notice can be most commonly found in the charges register of the property if it is registered. This notice is a charge used to register any interest which a third party may have in a particular property or estate and notify the other party of its existence. A third party to a property is defined as any person other than the owner. This may include banks, loan companies, credit cards and other private individuals.
Removal of a Unilateral Notice
Although these notices are relatively easy to enter on the charges register by an individual, these unilateral notices are also simple to remove. The removal of a unilateral notice from the charges register can be done by either cancellation or removal. The only difference between removal and cancellation is the person who applies and which form is used by the individual.
Cancellation of a unilateral notice is when the owner of the estate of which the unilateral charge is registered against applies to the Land Registry for the notice to be cancelled. This is a completely free process and applying for cancellation can be done through the use of the form UN4. When the Land Registry receives the UN4 form, it notifies the individual who is making the claim. This beneficiary is then given fifteen working days to respond to the application, if they would like to object to it. If there is no response within the cancellation period, the notice is cancelled. If there is an objection for removal of the notice and the parties are unable to reach a mutual agreement, the Adjudicator of the Land Registry is referred for these cases.
In contrast to cancellation, removal is only able to be done by the beneficiary of the notice. This is also free to do and has to be applied for through the Land Registry with the form UN2.
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