Restriction on Title Deed

[carolefz11]

I am divorced from my ex husband and we still own a property together. I was trying to find out if the property is owned jointly or as tenants in common.

I have downloaded the title deeds and I noticed a restriction stating...No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the charge in favour of the Royal Bank of Scotland.

Any idea what this means?

Does this mean the property is owned as tenants in common?

Any help would be appreciated. Thank you.

It means there is a mortgage held by RBS, and that they have to agree to any transfer ( eg if one of you were to buy out the other, you’d need to get permission from RBS to do that).
It does not affect how you hold the property, and is a normal restriction where there is a mortgage.

If you are tenants in common then there will be a restriction that says something like:

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.

If there is nothing like that on the title register then you are joint tenants.

You might find this article helpful
https://hmlandregistry.blog.gov.uk/2022/11/02/what-kind-of-joint-ownership-do-i-have/

Thank you so much for that information. I thought it was probably something to do with the mortgage.