Details of deeds on a property - where to find out?

Mrs_Money

We are in the process of executing a will for a deceased relative and need to know whether a leasehold property is held in joint names or as "Tenants in Common". We are not using a solicitor and have done probate ourselves etc - all is sorted except the property.
I assume the Land Registry will have the details (we can't find any deeds - not unusual I believe) but exactly how do we find this info - is it possible to get it on-line, do we have to phone or what?
Any help would be very much appreciated!

Edit - have already looked online at the Land Registry site - only operates in office hours and not Bank Holidays - how weird is that? I believe we are going to have to pay £4 for the details - but not sure if these are the "details" we actually want!

G_M

Yes, that's what you need. They'll be online once the holiday is over.

Johnhowell

Sadly, the copy of a Title purchased from Land Registry website (£4 for Title Register and £4 for Title Plan) will not identify if the owners are Joint or Tenants in Common. It will only list the names as Title Absolute Proprietors of the Freehold or Leasehold. If the Proprietor is a compnay then go to the Companies House website and pay a few £ for the details of Directors.

I suggest that you search for any Solicitor (or even Estate Agents) papers in the estate and contact them if they dealt with the original purchase/sale. The EA may know of the solicitor used, and the solicitor may still have the deed pack. We had to go back through three solicitors to find the deed pack for our property.

If you know the leasehold is in joint names - can you not speak to the other party?

Good luck,
John

G_M

Apologies. Johnhowell is probobly right. Assuming this is registered property I'd have thought the LR would tell you if you supply them with death certificate and evidence you are Executers. Phone them and ask.

Richard_Webster

Sadly, the copy of a Title purchased from Land Registry website (£4 for Title Register and £4 for Title Plan) will not identify if the owners are Joint or Tenants in Common.

Disagree.

If there is a restriction on disposition by the sole survivor of more than one joint proprietor then they were tenants in common. If not then they were joint tenants.

Johnhowell

Richard,

Good catch. Although, to be fair, it is not obvious.

Also, Mrs Money, be aware that the share/split of the tenancy in common will not be stated. This will be on the original application forms - such as the TP1 form.

As G_M says, telephone the HMLR and they may give you further information on presentation of a death certificate. I have found HMLR very helpful. Although things may have changed since the closure of many of the regional offices.

John

Mrs_Money

Richard_Webster wrote: »

Disagree.

If there is a restriction on disposition by the sole survivor of more than one joint proprietor then they were tenants in common. If not then they were joint tenants.

Sorry, not quite sure what you mean by this - owners of property were a couple. Sole survivor in care (with dementia) - makes for complications I know!
Really trying to find out (without incurring too many expenses for the estate) just whether the LA has a call on the property to pay for surviving partner's care. The first deceased has willed their half to children. Yes, even more complicated!

Mrs_Money

Johnhowell wrote: »

Richard,

Good catch. Although, to be fair, it is not obvious.

Also, Mrs Money, be aware that the share/split of the tenancy in common will not be stated. This will be on the original application forms - such as the TP1 form.

As G_M says, telephone the HMLR and they may give you further information on presentation of a death certificate. I have found HMLR very helpful. Although things may have changed since the closure of many of the regional offices.

John

Thanks - looks like it's worth a phone call to the Land registry. we'll give that a try.