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Urgent - joint tenants or tenants in common?

14 replies

saraclara · 18/03/2024 19:42

Is there anyone out there who can tell which it is if i share a photo of section B of my deeds? I'd be so grateful.

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Nosleepforthismum · 18/03/2024 19:48

It’s held as joint tenants unless you have a restriction on the title with this wording:-

“No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.”

I was a conveyancer for 10 years before kids.

saraclara · 18/03/2024 19:56

@Nosleepforthismum thank you so much for the quick response. The only restriction on section B of the deeds is the one in the photo, which I assume only applies to the mortgage, which is now paid off. Am I right?
ETA that you'll need to click on the image

Urgent - joint tenants or tenants in common?
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pwblwc · 18/03/2024 20:00

Yep, that one is about the mortgage.

Looks like joint tenants unless you've done something to sever (served notice, separate declaration of trust, mutual course of conduct etc.) and it just hasn't been registered.

saraclara · 18/03/2024 20:03

Thankyou @pwblwc . Now my concern is that someone who had POA for the other tenant might have changed it. My copy of the deeds is the original. And I don't have time to apply for the full copy of the deeds to check what they say now.

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Geebray · 18/03/2024 20:05

saraclara · 18/03/2024 20:03

Thankyou @pwblwc . Now my concern is that someone who had POA for the other tenant might have changed it. My copy of the deeds is the original. And I don't have time to apply for the full copy of the deeds to check what they say now.

Can't you just buy them online from the Land Registry site?

pwblwc · 18/03/2024 20:06

I'm pretty sure you can download the title register online here: www.gov.uk/get-information-about-property-and-land/copies-of-deeds

saraclara · 18/03/2024 20:17

pwblwc · 18/03/2024 20:06

I'm pretty sure you can download the title register online here: www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Would that include the tenancy information? I thought it takes longer to get the version that includes that

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pwblwc · 18/03/2024 20:23

There's no reason why it shouldn't. It only wouldn't if the application to register the severance has been sent very recently/hasn't been sent at all.

pwblwc · 18/03/2024 20:23

Perhaps you're thinking about getting a copy of the transfer rather than the title?

Propertylover · 18/03/2024 20:26

@saraclara A joint tenant can sever the tenancy to become TIC at any time. They do not need the permission of the other joint tenant, they just need to inform them. https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

I believe, happy to be corrected, a PoA can also sever a joint tenancy.

Joint property ownership

Check if you're a joint tenant or tenants in common. Change from joint tenants to tenants in common, or tenants in common to joint tenants

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

MandyMotherOfBrian · 18/03/2024 20:30

Sorry to piggy back your thread but I need to know the same thing (and land registry doesn’t see to say it in plain language) although not with the same urgency perhaps, hope you get your answer.

saraclara · 18/03/2024 20:34

Thank you SO much everyone! I got confused with the official documents which take time (for court cases etc) where all I needed is the information, Which I got in minutes for £3! Thank you @pwblwc for the link, and to everyone else. I will sleep tonight now! (It's a long story)

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saraclara · 18/03/2024 20:44

MandyMotherOfBrian · 18/03/2024 20:30

Sorry to piggy back your thread but I need to know the same thing (and land registry doesn’t see to say it in plain language) although not with the same urgency perhaps, hope you get your answer.

All I needed was the £3, @pwblwc 's link, and @Nosleepforthismum 's paragraph to look for (and it wasn't there in Section B of the document, so we're joint tenants).

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