# Relative died and Land Registry showing burden on property.



## Up Rovers (25 Aug 2014)

A relative died some time back and their wife has found that there is a burden on the property since 1985 obtained by Allied Irish Finance against her deceased husband.  She has read that these burdens usually expire after 12 years but is wondering if she applies to have it removed now is there any chance that she will have to pay the amount herself?  The house is still in joint names.


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## Jim Stafford (25 Aug 2014)

if the "burden" is a Judgment Mortgage, and if the husband and wife owned the property as  Joint Tenants (which is likely, as opposed to Tenants in Common) then the Judgment Mortgage would fall away for 2 reasons. Firstly, it is more than 12 years old.  Secondly. it falls away under the "survivorship" rule i.e. his wife is deemed to own the property outright. As a judgment mortgage is against the husband's "interest" in the property, the Judgment Mortgage falls away as the husband no longer has an "interest" in the property.

If the burden is a registered charge, then it remains in place,

It is possible that the husband's estate has other assets (e.g. insurance policy)that might cover the liability to AIB.

Jim Stafford


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## Up Rovers (4 Jan 2016)

Jim Stafford said:


> if the "burden" is a Judgment Mortgage, and if the husband and wife owned the property as  Joint Tenants (which is likely, as opposed to Tenants in Common) then the Judgment Mortgage would fall away for 2 reasons. Firstly, it is more than 12 years old.  Secondly. it falls away under the "survivorship" rule i.e. his wife is deemed to own the property outright. As a judgment mortgage is against the husband's "interest" in the property, the Judgment Mortgage falls away as the husband no longer has an "interest" in the property.
> 
> *If the burden is a registered charge, then it remains in place,*
> 
> ...



Sorry to be only getting back to this now and thanks to Jim Stafford for the reply.

This widow hopes to sort this matter out shortly and is nervous about submitting the matter to AIB as she also holds her small funds with them.  She is wondering what the difference between a registered charge is as compared to a Judgement Mortgage?  The Form 75 that she holds has the heading 'Notice of affidavit of judgement (Rule 120) notice'

The estate doesn't have any other assets to cover the liability.

Thanks.


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## Jim Stafford (4 Jan 2016)

A registered charge is a charge that is voluntarily provided, whereas a Judgment Mortgage is unilaterally registered. A registered charge does not generally have an "expiry" date, unlike a judgment mortgage.

As it is likely that that the property was owned as Joint Tenants, the judgment mortgage fell away upon the death of her husband.  She has nothing to fear from the judgment mortgage. she should contact  a solicitor to have the mortgage lifted.

Jim Stafford


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## Up Rovers (5 Jan 2016)

Thank you for that reply Jim.  She will be relieved to hear this.


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