Land Registry question: is this complicated?

Savvy_Sue

Co-executor and I are in the process of selling Mum's house, which was held as tenants in common with Dad. When Dad died, we did nothing about transferring title as we thought it would be just as easy to deal with it on Mum's death, and it would have made it more difficult for her to sell the house without consulting us (not that she would have done). Maybe that was a mistake ...

Anyway, the buyers' solicitors have asked our solicitors to cancel the Form A restriction registered at B3 of title ******** and provide a copy of the amended title.

Our solicitor has gone on holiday, leaving this in the hands of an colleague, and I've just phoned to check it's all under way because it may possibly be the one thing holding up exchange of contracts. And this colleague says it looks a bit complicated, because both parties are dead so he can't get Mum's consent ...

And I'm thinking 'why?' Surely it's not that unusual a situation?

This is an experienced solicitor - we dealt with them when we bought this house, which is a LONG time ago, so I'm just wondering what I'm missing?

Savvy_Sue

It gets worse.

The solicitor has spoken to the Land Registry, and concludes that he needs the originals of the Deed of Appointment we made following Dad's death, and the originals of the grant of probate with will attached for both Mum and Dad.

Then the solicitor needs to draw up a document, which all five beneficiaries will have to sign.

Savvy_Sue

And worse.

I have found one Grant with Will Attached.

And I had an inspired moment and realised that email correspondence around the Deed of Appointment suggested that the original was with the professional who drew it up, never having been sent to us. That arrived from them today, so excellent service.

But there's still a Grant with Will Attached to find ...

Land_Registry

Savvy_Sue - I can only reply in very general terms on here and even more so as I note that there has already been a direct conversation with us around the issue.

In general terms where a sole surviving proprietor held that estate as a tenant in common, with a form A restriction, they would be a sole trustee under a trust of land. If that proprietor dies, and two or more personal representatives are appointed, they may give a valid receipt for capital monies arising on a disposition and overreach the beneficial interests. In essence the sale may be able to go ahead and the form A restriction removed.

Our Practice Guide 6 section 6 refers

You refer to co-executors so it is important to recognise and then understand what powers you each enjoy under the terms of the probate.

I appreciate you are already on route to a solution by other means but just wanted to share in case there was an alternative option available.

Doubtless what I have posted does not apply in your circumstances although much will depend on what question was asked of us by the solicitor - for example, if they asked 'How do we remove the form A restriction?' the answer to that question would be along the lines posted but different to the one you are actually asking which has more detail behind it?

I am though assuming a lot here and would always recommend deferring to your legal advice as they will have more detail

Savvy_Sue

Thanks for that, it may be that we are entangled with solicitor-ese now.

There are two co-executors of Mum's will, so on my reading of what you have said it should be simple enough.

The solicitor thinks we can proceed with the documentation we have.

But I'm just wondering whether my co-executor and I could deal with this faster ourselves.

I will point them to this thread and see what they think ...

Land_Registry

Savvy_Sue - apologies as I amended the post as you were replying. Note the addition of the PG6 mention as well

Not too sure what you mean by But I'm just wondering whether my co-executor and I could deal with this faster ourselves. though? The suggestion is that the sale may be able to go ahead providing the co-executors are acting together on any sale and taking receipt of the sale monies.

Savvy_Sue

What I meant was I wondered whether my co-executor and I could apply to get the restriction removed faster / as fast as the solicitor. Definitely cheaper, obviously. But is it a DIY job? Really need to go and read the practice guide, obviously!

A quick skim indicates we're caught by Section 7, because presumably all my siblings have a beneficial interest in the property, as the will divvies up everything between us.

Anyway, helpful to understand where this has come from. Frustrating to think our solicitor might have picked up on this a bit sooner ...

Land_Registry

Section 7 only clicks in if you are applying to remove the restriction.

Whether you or your solicitor apply will make little difference from our perspective as it is the supporting evidence we need and this is likely to men your completing paperwork either for them to submit or for you to submit to us - if that is the route you are going down I would recommend sticking with the solicitor.

However, what I am alluding to is that it may be worth making certain that you do indeed need to apply to remove the restriction before selling. I am not saying either way as I do not know the specifics but it seems worth checking with not only your own solicitor to see what they actually asked us and/or advising the buyer's solicitor as to the guidance I mention

Savvy_Sue

Yes, I keep thinking about it and wondering what is going on. I think our 'regular' solicitor thought it would be removed in the process of sale, but he's on holiday, and just before he went the buyers' solicitor asked US to remove it prior to sale.

So our solicitor passed that on to the colleague covering his work, he looked at it, thought it looked complicated, talked to a colleague (very experienced and senior!), talked to Land Registry, and came up with this request for all the paperwork.

Ho Hum!

Land_Registry

The key from my perspective is then what question was asked as the response will vary depending on what details are provided.

Savvy_Sue

All my fingers and toes are crossed for completion this Friday, although we haven't actually exchanged yet, but if the buyers' lenders' solicitors can't think of any other reason to hold things up ...