Tenants in Common & Title restriction @ LR

Thrugelmir

Land Registry can be contacted through their own website.

John_Pierpoint

In the early days of the open registry on-line, I had a mess up with my connection and was concerned that I had paid twice or that my details had ended up in a non authorised location.

So I sent an email, complete with date time and some sort of reference, more in hope than expectation.

Within the day back came a reply explaining all was well at their end.

As you can see, I was so impressed at this service (especially when compared to some government sponsored organisations who won't bother to name now) that it has stuck in my mind for years.

spectre

thanks for all your replies your advice so far has already given me some direction and information I was not aware , Will update the post once I have perused these avenues

Land_Registry

spectre wrote: »

I tried to but got this !

Land Registry representative has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.
If you change that I will retry , thanks

spectre - the instant messaging options do not fit our company profile I'mn afraid and apologies but I should have realised that.

email us/me at [EMAIL="customer.service@landregistry.gsi.gov.uk"]customer.service@landregistry.gsi.gov.uk[/EMAIL] and quote MSE in the email - I'll pick it up from there and see if I can be a little more specific around the issues.

As Thrugelmir states our website is the best place to contact us and I would encourage any posters with a query to do so if they want a response which can perhaps be a little more specific as they can refer to their title/property when doing so.
The usual caveats exist around not being able to provide legal advice but we should be able to advise on land registration processes and procedures as well as help with some basic understanding.

spectre

An update on the facts obtained so far not sure as to what these mean maybe someone can confirm...

Person A (deceased) & person B`s Will & joint Trust details exist at a solicitor A&B shared they have been personally read to the effect that the trust would split 50/50 of the property proceeds upon sale.
Person A is deceased so B appointed C to act in place of A.

SO person B & (person C who acted in place of the deceased A) to receive the sale proceeds (to give a good receipt) as detailed in the copy of the TR1 we obtained from the land registry.

The prospective purchaser (new owner) of (person A& B`s) property actually used the same solicitor as used by person A&B to draw up the will & trust arrangements which person B & C appear to have neglected or (breached).

There is actually a line in the TR1 form section 11, which states the Transferor (B&C) is entitled to all the beneficial interest & not encumbered his individual share. Which is against the Trust wording

What to do ? any clues

Land_Registry

spectre wrote: »

An update on the facts obtained so far not sure as to what these mean maybe someone can confirm...

Person A (deceased) & person B`s Will & joint Trust details exist at a solicitor A&B shared they have been personally read to the effect that the trust would split 50/50 of the property proceeds upon sale.
Person A is deceased so B appointed C to act in place of A.

SO person B & (person C who acted in place of the deceased A) to receive the sale proceeds (to give a good receipt) as detailed in the copy of the TR1 we obtained from the land registry.

The prospective purchaser (new owner) of (person A& B`s) property actually used the same solicitor as used by person A&B to draw up the will & trust arrangements which person B & C appear to have neglected or (breached).

There is actually a line in the TR1 form section 11, which states the Transferor (B&C) is entitled to all the beneficial interest & not encumbered his individual share. Which is against the Trust wording

What to do ? any clues

As far as the transfer of title and legal ownership is concerned it would appear that they have fulfilled the registration requirements and in effect dealt with the 'capital monies' aspect as refererd to previously.

Providing the application and associated documents lodged at the time of registration were completed correctly then the registration would be completed.

If you are challenging the legality of the Transfer then you would need to pursue the matter and most likely through the courts - legal advice should be sought.

Challenging the Transfer with Land Registry on the basis that one party did not comply with the Trust is not something we would be able to consider as in effect it is the legality of their actions which you are challenging and the details of the beneficial ownership under that trust. Land Registry deal with the legal title.

There is no reason why you or your solicitor cannot contact Land Registry to alert them to the situation and to ascertain our formal response as this may assist with considering next steps. However from your post it would appear that is somethign you have now done.

My recommendation therefore is to seek legal advice and consider what options are available to you.

John_Pierpoint

Yes it is almost certain that the buyer was not in cahoots with B & C to ignore a known underlying trust, so now the beneficiaries need to trace the money, rather than the bricks.
Valid signatures from valid trustees were received.

Presumably the price paid was near enough the market value ?

spectre

John_Pierpoint wrote: »

Yes it is almost certain that the buyer was not in cahoots with B & C to ignore a known underlying trust, so now the beneficiaries need to trace the money, rather than the bricks.
Valid signatures from valid trustees were received.

Presumably the price paid was near enough the market value ?

The buyer is innocent , B & C are exposed as trust breachers , awaiting solicitor action. Will post back the results

spectre

Out of interest now that I know B has appointed a new trustee C , and the sale had occurred what are the likely outcomes for me as the beneficiary ???
The land registry form TR1 form in section 11 stated a false declaration from B & C that B & C would become entitled to all the beneficial interest which is against the trust wording and the will left by A..

spectre

just to follow up & update for close of the thread , thanks for all the advice & comments to my post.

"out of court settlement agreed , as per the solicitors words lets see if they roll over and have there tummy tickled" Which they did