Land Registry questions

lordoftheundead

Dear LR,

www gov.uk/government/publications/transfer-under-a-chargees-power-of-sale/practice-guide-75-transfer-under-a-chargees-power-of-sale

Regarding section 4, could you please confirm my understanding that a charge over an equitable interest only, does not confer the power of sale under S90 of the of Property act 1925? thank you again

Loopy1985

Hi my husband and his 2 siblings have recently inherited a property from their mother. One if the siblings wants to keep the house and pay the other 2 their share. My question is do we need to transfer the property into the 3 siblings names before we can then transfer it to the 1 sibling who wants to buy it or can it be transfered straight to the 1 sibling. All 3 siblings are administrators of the estate. Thanks in advance

Land_Registry

lordoftheundead wrote: »

Dear LR,

www gov.uk/government/publications/transfer-under-a-chargees-power-of-sale/practice-guide-75-transfer-under-a-chargees-power-of-sale

Regarding section 4, could you please confirm my understanding that a charge over an equitable interest only, does not confer the power of sale under S90 of the of Property act 1925? thank you again

All depends what you mean by a charge over an equitable interest.

Section 4 relates to how a Transfer under a power of sale can arise where the charge against the legal estates has for example not been registered as a legal charge.

I suspect you really want to look at section 1 and decide whether the charge you are referring to is one if the two scenarios mentioned. If it is then the statutory power of sale may arise.

If the PG4 does not cover it for you then there's nothing more we can add. The question is one of how the law, specifically the LPA 1925 treats such interests so very much legal advice needed

Land_Registry

Loopy1985 wrote: »

Hi my husband and his 2 siblings have recently inherited a property from their mother. One if the siblings wants to keep the house and pay the other 2 their share. My question is do we need to transfer the property into the 3 siblings names before we can then transfer it to the 1 sibling who wants to buy it or can it be transfered straight to the 1 sibling. All 3 siblings are administrators of the estate. Thanks in advance

No. From a property point of view, and providing they have probate and are in agreement, the executors can transfer it straight to the one sibling.

Loopy1985

Thank you for the reply land registry. Can you please confirm which forms would need to be filled in as we keep being advised differently. The executors are the 3 siblings and the beneficiaries. It is being transferred to one of the beneficiaries and her partner. Thank you

lordoftheundead

Land_Registry wrote: »

All depends what you mean by a charge over an equitable interest.

Section 4 relates to how a Transfer under a power of sale can arise where the charge against the legal estates has for example not been registered as a legal charge.

I suspect you really want to look at section 1 and decide whether the charge you are referring to is one if the two scenarios mentioned. If it is then the statutory power of sale may arise.

If the PG4 does not cover it for you then there's nothing more we can add. The question is one of how the law, specifically the LPA 1925 treats such interests so very much legal advice needed

Thank you LR

I believe Section 4 covers it, when there is no charge against the legal estate either registered or unregistered (equitable), a charge only on the beneficial interest (not the legal Estate) does not convey a power of sale under s90 of the law of property act 1925 as there is no legal interest in the Estate. thank you

Loopy1985

I believe we now know which forms to send. Tr1, ap1 and ID1 (ID1 for the beneficiaries partner who is not an executor) hopefully this is correct lol thanks for your help land registry

Land_Registry

Loopy1985 wrote: »

Thank you for the reply land registry. Can you please confirm which forms would need to be filled in as we keep being advised differently. The executors are the 3 siblings and the beneficiaries. It is being transferred to one of the beneficiaries and her partner. Thank you

Forms AP1, TR1 and ID1 for any party who is not an executor/personal rep as name din the probate

lordoftheundead

Dear LR,

I am sorry to change the tone, it is not a reflection of yourself, just the seriousness of the situation. Having looked and information on this forum new perspective has come to light.

Several CO's have been placed against a beneficial interest in my property and recorded as Part B restrictions, they are not made for valuable consideration and are therefore not registrable dispositions (under LRA 2002 s27 s29 see http://www.lawcom.gov.uk/app/uploads/2016/03/cp227_land_registration_web.pdf 6.7-6.9)

As they are not capable of being registered they do not confer a legal interest in the Estate and are therefore outside the scope of s90 of Law of Property act 1925 (https://www.gov.uk/government/publications/transfer-under-a-chargees-power-of-sale/practice-guide-75-transfer-under-a-chargees-power-of-sale section 4)

In contrast to this an Order for Sale has been placed on my title via S90 of the Law of Property act 1925. I have noticed LR that this order is in breach of Subsection 3 of S90 but now realize it is also in breach of Subsection 1.

The use of this being registered at LR has resulted in a number of serious matters that have been referred to Action Fraud, I did not include LR in any report as I noticed LR of the breach of subsection 3 and am awaiting the register to be corrected but now realise there is a breach of subsection 1 also which has not been brought to LR's attention.

I am aware the registrar is able to indemnify me and make this post as Public Notice of confirmation that LR are aware of the matter.

I apoligise to other forum users, those that have lost, or have been close to losing their homes i'm sure can relate, thank you title DN401980

Thank you

Land_Registry

lordoftheundead wrote: »

I am aware the registrar is able to indemnify me and make this post as Public Notice of confirmation that LR are aware of the matter.

I apoligise to other forum users, those that have lost, or have been close to losing their homes i'm sure can relate, thank you title DN401980

Thank you

Thanks for sharing here although I note that we are already aware and have been in previously extensive correspondence with you.