Proving title to a freehold

GTG

Land_Registry_representative wrote: »

GTG - we would always recommend seeking legal advice, as you are doing, as the issues around the trust and how the property is 'held' as tenants in common need to be understood.

Indeed, as we (the co-owners) are not related or married etc the declaration of trust which continues in affect specifies we hold the freehold as tenants in common. That way if one side dies then what happens is that parties interest is dealt with according to his or her Will. If there is no Will in place the law of intestacy comes into force. This is being demonstrated now as the other sides solicitor is transferring the deceased's interest to them rather than me having the the other half of the freehold transferred into my name. That would have happened in the case of joint tenants.

We cannot provide such legal advice but we do provide online guidance notes re with how to complete a form TR1

Thank you, I have reviewed them carefully.

It is interesting to note though that you are named as the sole registered owner but I assume that someone has notified us of the other freeholder's death?

Yes, the executors solicitor have done that. I find it odd that they have done that separately rather than doing both that and registering the new co-owners interests at the same time?

However if you are then you are correct that you would be referred to as the Transferor and that you would also be one of the three Transferees

I am definitely the only one registered under part B: Proprietorship Register, Title absolute. Note 1 which includes the date we acquired the freehold. There is one other note, Note 2 which also gives the date in which we acquired the freehold and has the following:

"RESTRICTION: No disposition by sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the court."

I presume this not only to prevent me or another proprietror on their own from disposing of the freehold but also to inform the enquirer that there must be an underlying trust etc to the freehold.

It is also odd that the executors solicitors, (sorry, I should have said Licensed Conveyancers earlier in this conversation) should make such an elementary mistake on the transfer form TR1. Their website says they have been in business for over 25 years. It would appear to me that if it is actioned the way it is at the moment that only the new co-owners and not me would be registered on the freehold proprietorship register.

The guidance notes seek to explain the meaning of panel 9 but if you remain uncertain then your legal adviser can assist

Yes this is definitely one for my legal adviser.

Box 10 - most would probably use the third part to describe the shares and/or mention the deed of trust etc

The third part i.e. "they are to hold the property on trust"

I thought the same considering we hold a declaration of trust and there is a space underneath the box to enter details.

Many thanks for your help again. I now need to do some due diligence to find a good solicitor. We (the deceased) and I became dissatisfied with the one we were using for the freehold so we (myself and the new co-owners will be seeking out another solicitor.

Anyone got an advice for vetting a solicitor please?