Land Registry questions

Land_Registry

Millerdog said:

Land_Registry said:

Millerdog said:

What forms do I need to complete please?

Family home owned by Mum and Dad as Tenants in Common in equal proportions.

Dad died recently and probate has been granted. Mum is to keep her 50% share and Dads 50% share is to be transferred to my Daughter and myself in unequal proportions. We wish to remain as Tenants in Common and understand that we will have to sign a declaration of trust showing shares. 

 Do all three of us have to complete the forms or not Mum as her share is unaltered?

I  am finding it all very confusing.

See our assisted guidance if it is to be transferred 
https://help.landregistry.gov.uk/app/answers/detail/a_id/125
Probate was not required to deal with the property as the whole legal ownership passed to Mum as the surviving registered legal owner. 

The split you refer to relates to their beneficial ownerships. 

If you also contacted us via our online forum at HMLR then please follow the advice given and seek legal advice before deciding what to do. Mum transferring is one option but it’s worth discussing what others are available and work best for everyone 

I thought that the point of Tenants in Common was that you only owned your given proportion and that the other Tenants in common owned theirs, and could deal with it as they wished.. Surely, Mum would only have whole legal/registered ownership if Dad had bequeathed his proportion to her or not left a will.. Am I mistaken/ misunderstanding the wording ?

It’s a common misunderstanding of the difference between the legal (which we register) and the beneficial ownerships. 

The easiest way I find to explain it is that the legal ownership comprises the land and the building(s) on it. So the land, bricks and mortar. That can’t be split so they each have half the bricks or say half the kitchen, a bedroom each and half the garden. So the legal ownership is always dealt with as a WHOLE.
The beneficial ownership is the value of the land and building(s) so essentially £s and pence. That can be split of course so each has say £50k in a £100k property. 

So when you have joint legal owners the whole legal ownership passes to the surviving one when one dies. It doesn’t mean they get the whole of the beneficial ownership and the tenants in common, we register a form A restriction if applied for, reflects that position. 

So what happens next isn’t set in stone and various options exist. As we register the legal ownership we aren’t involved in assessing/advising on such options as we register the outcome. Options include updating the register re the death alone thus leaving Mum plus form A restriction (if registered) in place; Mum transferring the whole legal ownership to herself plus someone else and again leaving the form A restriction (if registered) in place to sign post the beneficial ownership split/trust; Or something else 
What happens in the future re your beneficial splits, everyone’s health and financial arrangements and more should always be considered before updating the register. 

It’s not as simple as it has to be transferred as the split was of the beneficial ownership, not the registered legal one. That way everyone also understands the above and how any arrangements affect them and how it can play out in the future. 

Hope that helps 

cryvate

I got the land title for CB3289 + seventy eight (preventing it from appearing on Google) a while ago as we are discussing with the owner (a public body) about purchasing (part) of it. To be honest, more out of intrigue than necessity at this point, though I am sure it will become necessary! I would like to obtain the title plan for this title. It does not seem to be available online, how can I best obtain it?

Land_Registry

cryvate said:

I got the land title for CB3289 + seventy eight (preventing it from appearing on Google) a while ago as we are discussing with the owner (a public body) about purchasing (part) of it. To be honest, more out of intrigue than necessity at this point, though I am sure it will become necessary! I would like to obtain the title plan for this title. It does not seem to be available online, how can I best obtain it?

You’d have to apply by post for a copy 
https://www.gov.uk/get-information-about-property-and-land/search-the-register
Some title plans are too large (file size) to be available online 

Proactive52

I was recently assaulted on my property by my neighbour who has easement access on foot across a path at the top of my garden - 3 houses, he is middle house - I refused to allow his builder access to take building supplies, and a shed they were then erecting, across the easement and told my neighbour only he could access the easement - any one else would be trespassing as they didn't have my permission, unless access was deemed to be for repair to his property which this was not!! - I was then verbally abused and physically assaulted and want to clarify that I am right - can anyone help please? 

Slithery

Proactive52 said:

I was recently assaulted on my property by my neighbour who has easement access on foot across a path at the top of my garden - 3 houses, he is middle house - I refused to allow his builder access to take building supplies, and a shed they were then erecting, across the easement and told my neighbour only he could access the easement - any one else would be trespassing as they didn't have my permission, unless access was deemed to be for repair to his property which this was not!! - I was then verbally abused and physically assaulted and want to clarify that I am right - can anyone help please? 

No. You are incorrect.
By blocking access you have acted illegaly.
Also this post is in the wrong place, it has nothing to do with the Land Registry. You'd be better off starting your own thread.

Proactive52

Ok thank you but I wasn't blocking my neighbour access, just not allowing his builders access - I was hoping for a Land_Registry reply regarding easements and Title Plans - this is the first time I have been on this site/forum so would be grateful if you could tell me where I should post as it is in relation to a Land Registry matter and right of Easement.
 Thank you

Slithery

LR only keep records they don't give legal advice, your issue is out of their scope.
To start your own thread go back to https://forums.moneysavingexpert.com/categories/house-buying-renting-selling and click on 'Create post'.

vickyraw79

We've recently purchased a property and are checking the neighbors title they have rights of access marked in yellow however the yellow does not appear on the title plan. why would it not appear?

justcat01

@Land_Registry I'm hoping you might be able to help with this one!

I'm selling my house which I bought using HCA's Help to Buy Equity loan. I paid that off on the 27th July but it looks like the charge is still showing on GR390587 and GR394805 (freehold house and leasehold garage). 

Are you able to see if the HCA has requested the removal of the charge and where it is in the process?

Thanks

Land_Registry

Proactive52 said:

Ok thank you but I wasn't blocking my neighbour access, just not allowing his builders access - I was hoping for a Land_Registry reply regarding easements and Title Plans - this is the first time I have been on this site/forum so would be grateful if you could tell me where I should post as it is in relation to a Land Registry matter and right of Easement.
 Thank you

You can check the registered information online and/or by post. 

https://www.gov.uk/get-information-about-property-and-land

Once you have that then as posted legal advice is the best next step to understand how an easement operates in law