re-land registry

joe134

Hi Guys, My daughter is still having grief from OH regarding selling the house they share, to split up.
She,s got solicitors involved now, getting messy.
She doesn,t even know if he had house as joint tennants, or tennants in common, when he remortgaged it twice to do a spanish venture, which has failed.It was her house to start with rented, let him move in. then bought, and remortgaged twice to £114K from £32k.
Does a search on land registry show what kind of tenancy it is ?
She,s got no paperwork, he has it all,but wont divulge anything,and refuses to sell the house.even though they have had good offers, enough to clear the mortgage, and a bit on top.
Her solicitor is going for a court order to force a sale,as a buyer is waiting, but not forever.
I know solicitor can find out, but just want to save a bit doing it myself if possible.:beer:

casperlarue

Land registry will show who is the registered owner/owners of the property.

Is your daughter involved with the remortgages? Did she sign any paperwork for them? This is a messy situation and one that def needs a solicitor to sort out.

G_M

joe134 wrote: »

...Does a search on land registry show what kind of tenancy it is ?

Yes. £3.00

Land Registry here

kingstreet

It shows JT, or TiC, but if TiC may not show the equity split.

joe134

casperlarue wrote: »

Land registry will show who is the registered owner/owners of the property.

Is your daughter involved with the remortgages? Did she sign any paperwork for them? This is a messy situation and one that def needs a solicitor to sort out.

Hi everyone, thanks for replies.
Yes, she did sign for remortgages, it is very messy, there are spanish properties also.
The shared house is the main priority,he has split it in two, barring her access to parts of her own property, changed locks, etc, and solicitors are now involved, and have sent her OH the first letter, giving him 7 days to reply.
It,s going to be a long job, but , it,s been going on 12 months now, with nothing happening, hence solicitor.Thanks for advice, I will pay the £3 and try and see if it,s joint, which I think it is, or TIC.
Presume I can access thier details ?
Looked a site, already, bit long winded.

Edit;;Just clicked on the link and viewed examples of the 2 title registries, the first doesn,t show type of tennancy,JT or TIC, the other just a site plan.???
Haven,t paid yet,there are 3 > 4 to choose from?

Pricivius

The type of tenancy will be stated in the Register, but it's all down to wording. It might not spell it out, it you see what I mean. Obtain it and post the wording and we can tell you which it is.

As for the entries, the plan is just that - a map of the land and the house. The other entries may be freehold and leasehold? I would suggest you need the leasehold entry? Otherwise, post what the options are...

joe134

Pricivius wrote: »

The type of tenancy will be stated in the Register, but it's all down to wording. It might not spell it out, it you see what I mean. Obtain it and post the wording and we can tell you which it is.

As for the entries, the plan is just that - a map of the land and the house. The other entries may be freehold and leasehold? I would suggest you need the leasehold entry? Otherwise, post what the options are...

Hi, example;;copy and pasted, not done paid for yet.
Title number: CS72510
This title is dealt with by Land Registry, Plymouth Office.
The following extract contains information taken from the register of the above title number. A full
copy of the register accompanies this document and you should read that in order to be sure that
these brief details are complete.
Neither this extract nor the full copy is an „official copy‟ of the register. An official copy of the
register is admissible in evidence in a court to the same extent as the original. A person is entitled
to be indemnified by the registrar if he suffers loss by reason of a mistake in an official copy.
This extract shows information current on [date and time] and so does not take account of any
application made after that time even if pending in the Land Registry when this extract was
issued.
REGISTER EXTRACT
Title Number : CS72510

Address of Property : 23 Cottage Lane, Kerwick, PL14 3JP.


Price Paid/Value Stated : £128,000


Registered Owners : Peter Andrew Bartram and Susan Helen Bartram of
: 23 Cottage Lane, Kerwick, (PL14 3JP).

Lender : ILKINGHAM BUILDING SOCIETY
The price paid/value stated information has been
entered in the register since 1 April 2000. It is
based on information contained in the transfer or
application form lodged with us. It has not been
verified by us and may not represent the full
market value of the property. For further
information please click here.
The title number is
Land Registry‟s
unique reference
number for this
registered land

Nothing about TIC or JT ?

kingstreet

You may wish to edit out your daughter's personal information!

kingstreet

From LandReg website;-

http://www.landregistry.gov.uk/public/guides/public-guide-18

3 Recording your kind of ownership

3.1 Recording the information

Your kind of ownership may be recorded in the transfer or lease for the property, in a trust deed or in a will. You may find the information in the transfer or lease by which you acquired the property. This is most likely in the case of a beneficial joint tenancy or a simple tenancy in common when, for example, a family home is owned by a husband and wife or registered civil partners.

Where there is a tenancy in common and the arrangements on how the shares are to be divided are more complicated, such as when unrelated people buy a house jointly in unequal shares, you may find the information in a trust deed. The deed will usually define each share carefully and state what can be done with it.

If you were all given the property under a will, the will may set out the kind of ownership, as may the document used to transfer the property to you.

Even if the document by which you acquired the property does not record your kind of ownership, this information may have been included in a Land Registry form when you applied to be registered as joint owners of the property. For example, if you acquired an unregistered property, this information may have been included in your application form FR1 for first registration or if you acquired a registered property by adverse possession, then in your application form ADV1.

Alternatively, if you were registered as joint owners on or after 15 October 2012, you or your conveyancer may have chosen to complete and sign a separate trust information form JO to provide Land Registry with the information about your kind of ownership at the time you applied to be registered.

If there is no record or the record is not what you thought you had agreed, you should ask your conveyancer about your position.

Details of the ownership of the property are contained in the proprietorship register. I would expect the tenancy situation to be shown there. There is a Land Registry representative who posts on this forum. It may be worth waiting for information from him/her.

If you don't mind me asking, what's the importance of the "tenancy" in the current scenario?

joe134

kingstreet wrote: »

You may wish to edit out your daughter's personal information!

Hi Kingstreet, they are not my daughters, it,s just land registries example of what you get for your £3, ficticious;;no mention of TIC or JT:beer:

kingstreet

Ah. Sorry, I thought you'd posted up the initial page.

I don't know if that's what shows on the Proprietorship Register, I've never had occasion to use it.