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Land Registry cancellation of Form A restriction tenants in common

5 replies

amplify · 12/08/2023 18:55

I am the joint owner of a property that has the above restriction on it. The other owner died last year and left his share of the property to me. Have just received forms RX3 and ST5 from the Land Registry to cancel the restriction.

On form RX3 question 7:- 'Documents lodged with this form' :-

What documents do they want? Would it be the will and the grant of probate? I have the grant of probate (as I ordered several copies at the time from the Probate office) but I no longer have the will as that was sent to the Probate Office to get the grant. It states in the notes next to question 7 'Once we have made a copy of the documents you send to us, they will be destroyed, this applies to both originals and certified copies'. What exactly do they mean when they say 'certified copies'? And what can I do about not having a copy of the will?

On form ST5 question 3:- 'Explain what has happened to the beneficial interest protected by the restriction. (Provide accurate and relevant information). You should include certified copies of any documents showing this.'

How do I answer this? Do I just say the other owner has died and I have inherited his 50% of the property making me the sole owner of the whole property now? And what documents is this form asking for? Would it again be the will and probate grant plus the death certificate? The notes next to question 3 states 'Please send up copy documents not originals, but confirm they are true copies by writing at the top of page 1: 'I certify that this is a true copy of the original''

OP posts:
MinnieMountain · 12/08/2023 19:14

See a solicitor. The 50% share needs to be assented to you (similar to transferring).

LandRegRep1862 · 13/08/2023 09:12

Generally speaking you are only lodging RX3 and ST5 so you list the ST5
Im assuming you are also lodging form DJP plus probate/death certificate to also remove the deceased joint owner
Have a read of PG 6 section 7 for guidance on what we need in the ST5. Follow the guidance and add your factual info.Don’t over think it
NB - You can’t assent or transfer a half share as other reply has suggested

Devolution on the death of a registered proprietor (PG6)

What to do following the death of a joint, sole or last surviving proprietor of a registered estate, charge or mortgage (practice guide 6).

https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor

amplify · 14/08/2023 11:09

I sent the DJP to the Land Registry back in April and I have since received the official copy of register of title with only my name listed at the proprietor.

Could I just ask, on form RX3 question 8 'Application' I have inserted the date of the restriction but do I need to put my name where it says 'in favour of' or do I just leave it blank? Thanks.

OP posts:
amplify · 14/08/2023 11:10

2nd line should read..... listed as the proprietor.

OP posts:
LandRegRep1862 · 15/08/2023 07:57

Just leave it blank

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