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Legal matters

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Are there any conveyancing solicitors around?

10 replies

whenthewhistleblows · 21/10/2018 18:31

How do I tell if a ppty is owned as joint remnants or T in C?

Thanks!

OP posts:
whenthewhistleblows · 21/10/2018 18:32

Streuth. Joint tenants

OP posts:
Nickinoo30 · 21/10/2018 18:37

If it was held as TIC there would be a restriction in the proprietorship section of the office copy entries - the documment from the land registry

whenthewhistleblows · 21/10/2018 18:42

Thanks Nickinoo - do you know what that restriction would look like?

OP posts:
Nickinoo30 · 21/10/2018 19:19

It says....

NO DISPOSITION BY A SOLE PROPRIETOR OR THE REGISTERED ESTATE (EXCEPT A TRUST CORPORATION) UNDER WHICH CAPITAL MONEY ARISES IS TO BE
REGISTERED UNLESS AUTHORIZED BY AN ORDER OF THE COURT’.

whenthewhistleblows · 22/10/2018 09:23

Many thanks Nickinoo Flowers

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crabbyoldbat · 22/10/2018 14:55

Bugger. I thought we'd changed ours to joint tenants when we re-mortgaged many years ago, but it looks like that restriction is still there on our deeds (£3 version). Someone obviously didn't do it (who would normally do that?). But first I suppose I'll check the other paperwork we've got here, just in case the Land Registry's just got it wrong.

crabbyoldbat · 22/10/2018 15:05

So thanks for asking, whenthewhistleblows. Interestingly, they were updated to show our mortgage was payed off a couple of years ago, so there have been changes in the meantime.

Another damn job to get round to!

whenthewhistleblows · 23/10/2018 10:38

Hope you get it sorted crabbyoldbat :)

OP posts:
Amy35 · 30/01/2019 02:01

Help! Need conveyancing solicitors advice.
So my husband bought his mum her council house under both their names. Me, hubby and the kids lived with her as her health was deteriorating. She sadly passed away and upon updating land registry, hubby realised it was held as tenants in common and not as joint tenants as initially thought. First question: who determines this and registers it as this? Solicitor or bank or even freeholder I.e. housing association.
This automatically has restriction form A (as nickinoo30 stated above). In order to remove this restriction I was told by Land Registry a RX3 and ST5 form need to be filled out.
However, mother in law had a will that states hubby as main executor/trustee and I as the secondary executor/trustee along with my children as beneficiaries in the event that my mother in law outlived both my husband and I. So where I thought the will would be sufficient to provide as evidence to remove restriction so hubby can be sole registered beneficiary, I'm now thinking that with my name stated as the second executor/trustee, would I need to do the lengthy process of renouncing my role as trustee and then have to go through the process of getting a probate of grant for hubby to justify removing the restriction even though he is the surviving registered proprietor?
It's all so confusing and the few solicitors we spoke to are themselves unsure of the best route/course of action. Given the quotes solicitors have estimated, I am tempted to do it myself - DIY conveyancing acceptable by Land Registry

Collaborate · 30/01/2019 08:01

You need to apply for probate of the estate and then deal with her interest in the property in accordance with the will.

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