Form A Restriction

rg1820x

Would there be any circumstances where a Form A restriction is missing from the title register on a property owned as tenants in common?

Land_Registry

Whether a Form A restriction is registered or not is not a cast iron way of knowing if the title is held as tenants in common, so the simplest answer is Yes re there being circumstances as you mention.

Have a read of our online guidance and in particular the part headed 'Finding out what type of joint ownership you have' for a wider explanation.

rg1820x

Thanks for the info.

To expand on my question, although a Form A Restriction is not a cast iron way of knowing how a property is held, when a property is owned jointly, would both names definitely appear on the title register?

Thanks

RG

Land_Registry

The term 'owned jointly' can mean different things so whilst you have expanded on the question you would need to be more precise about the circumstances which exist.

rg1820x

To put it another way, if there is only one named owner on a title register, does that mean the named person is the sole owner, or could there be a joint owner that isn't on the register?

Apologies for this question differing from my original post, but I'm trying to collect some information before I request a title register.

Thanks

RG

Land_Registry

If there is one person registered then they are the registered proprietor and as such seen as the legal owner.
It is important to understand that the registered title records the legal ownership only. The beneficial ownership is a separate matter and whilst 'hints' or a general nod in the direction of there being someone else with a beneficial interest can appear, such as a form A restriction, the term sole or joint owner has to have a context to be understood.

My advice would be to request a title register and then seek to understand what it is telling you i.e. who is the registered legal owner and what other interests (if any) are registered.

If you then wish to add some context around the specifics of the reason why these questions are arising now then I am sure others will be able ot post and advise