Land Registry questions

Land_Registry

teachergirl said:

Land_registry thank you so so much. Sorry one more quick question. How do I send identity verification for his cousins? We don't actually live close to each other.....Can they send it to me or should they send it in directly

It all has to be submitted with the application. So you’ll need them to get their identities verified - see PG 67 for options 
https://www.gov.uk/government/publications/evidence-of-identity-conveyancers

silvercar

Land_Registry said:

teachergirl said:

Good morning. OK so this morning I have gone back to the forms..ignore my question above, I am starting with form AP1.

To recap. I have probate for my husband and am the sole executor and sole beneficiary of his estate. He owned a field with his cousins and one of them recently reminded me I need to change the name on the title deeds to the land.(there is no mortgage)

So some specific questions.

Panal 8 3rd party notification. Do I need to put their names there...they know I am doing it.

Panel 9 address for service. I assume here I do put all three names and addresses.


Box 14 I assume I only put my name in this box and that I have no conveyancer?   Then do I have to send evidence of identity as I am sending a certified copy of probate. (I think on one of my calls to the Land registry office they said this was enough)

Thank you so much in advance to anyone who can help☺️

The legal ownership has passed to the cousins as the surviving joint owners. The land didn’t form part of his estate as a result. 

So if you want to update the register to include your name then they need to Transfer the whole title to you plus them 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

Panel 8 - you can put their details in but no real need
Panel 9 - yes re the three of you and which contact details you want on the updated register 
Panel 14 - yes re each of your details. You’ll need identity verification for all three of you 
You’ll need to include an official/certified copy of either death certificate/probate to confirm your late husband’s death 

@teachergirl, very honest of the cousins, as they could just take the ownership and not include you. Maybe consider changing the ownership to avoid this situation ie tenants in common rather than joint tenants.

teachergirl

silvercar said:

Land_Registry said:

teachergirl said:

Good morning. OK so this morning I have gone back to the forms..ignore my question above, I am starting with form AP1.

To recap. I have probate for my husband and am the sole executor and sole beneficiary of his estate. He owned a field with his cousins and one of them recently reminded me I need to change the name on the title deeds to the land.(there is no mortgage)

So some specific questions.

Panal 8 3rd party notification. Do I need to put their names there...they know I am doing it.

Panel 9 address for service. I assume here I do put all three names and addresses.


Box 14 I assume I only put my name in this box and that I have no conveyancer?   Then do I have to send evidence of identity as I am sending a certified copy of probate. (I think on one of my calls to the Land registry office they said this was enough)

Thank you so much in advance to anyone who can help☺️

The legal ownership has passed to the cousins as the surviving joint owners. The land didn’t form part of his estate as a result. 

So if you want to update the register to include your name then they need to Transfer the whole title to you plus them 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

Panel 8 - you can put their details in but no real need
Panel 9 - yes re the three of you and which contact details you want on the updated register 
Panel 14 - yes re each of your details. You’ll need identity verification for all three of you 
You’ll need to include an official/certified copy of either death certificate/probate to confirm your late husband’s death 

@teachergirl, very honest of the cousins, as they could just take the ownership and not include you. Maybe consider changing the ownership to avoid this situation ie tenants in common rather than joint tenants.

Sorry could not work out how to just quote your bit @silvercar

My mother in law was a very canny lady and I cannot think that she would not have thought of this. How do I find out how we hold the property?  (I actually own 2/3 and them 1/6 each) We all know that we cannot sell without first offering to each other.
I have the current title deeds but it doesn't actually say on them.

Tiglet2

teachergirl said:

silvercar said:

Land_Registry said:

teachergirl said:

Good morning. OK so this morning I have gone back to the forms..ignore my question above, I am starting with form AP1.

To recap. I have probate for my husband and am the sole executor and sole beneficiary of his estate. He owned a field with his cousins and one of them recently reminded me I need to change the name on the title deeds to the land.(there is no mortgage)

So some specific questions.

Panal 8 3rd party notification. Do I need to put their names there...they know I am doing it.

Panel 9 address for service. I assume here I do put all three names and addresses.


Box 14 I assume I only put my name in this box and that I have no conveyancer?   Then do I have to send evidence of identity as I am sending a certified copy of probate. (I think on one of my calls to the Land registry office they said this was enough)

Thank you so much in advance to anyone who can help☺️

The legal ownership has passed to the cousins as the surviving joint owners. The land didn’t form part of his estate as a result. 

So if you want to update the register to include your name then they need to Transfer the whole title to you plus them 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

Panel 8 - you can put their details in but no real need
Panel 9 - yes re the three of you and which contact details you want on the updated register 
Panel 14 - yes re each of your details. You’ll need identity verification for all three of you 
You’ll need to include an official/certified copy of either death certificate/probate to confirm your late husband’s death 

@teachergirl, very honest of the cousins, as they could just take the ownership and not include you. Maybe consider changing the ownership to avoid this situation ie tenants in common rather than joint tenants.

Sorry could not work out how to just quote your bit @silvercar

My mother in law was a very canny lady and I cannot think that she would not have thought of this. How do I find out how we hold the property?  (I actually own 2/3 and them 1/6 each) We all know that we cannot sell without first offering to each other.
I have the current title deeds but it doesn't actually say on them.

Advice from Land Registry is this:

The register isn’t definitive re how you hold it but many look for what’s known as a form A restriction in the B Proprietorship register. If there is one they say they are TIC.
Have a read of our online guidance for more information   https://www.gov.uk/joint-property-ownership

silvercar

teachergirl said:

silvercar said:

Land_Registry said:

teachergirl said:

Good morning. OK so this morning I have gone back to the forms..ignore my question above, I am starting with form AP1.

To recap. I have probate for my husband and am the sole executor and sole beneficiary of his estate. He owned a field with his cousins and one of them recently reminded me I need to change the name on the title deeds to the land.(there is no mortgage)

So some specific questions.

Panal 8 3rd party notification. Do I need to put their names there...they know I am doing it.

Panel 9 address for service. I assume here I do put all three names and addresses.


Box 14 I assume I only put my name in this box and that I have no conveyancer?   Then do I have to send evidence of identity as I am sending a certified copy of probate. (I think on one of my calls to the Land registry office they said this was enough)

Thank you so much in advance to anyone who can help☺️

The legal ownership has passed to the cousins as the surviving joint owners. The land didn’t form part of his estate as a result. 

So if you want to update the register to include your name then they need to Transfer the whole title to you plus them 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

Panel 8 - you can put their details in but no real need
Panel 9 - yes re the three of you and which contact details you want on the updated register 
Panel 14 - yes re each of your details. You’ll need identity verification for all three of you 
You’ll need to include an official/certified copy of either death certificate/probate to confirm your late husband’s death 

@teachergirl, very honest of the cousins, as they could just take the ownership and not include you. Maybe consider changing the ownership to avoid this situation ie tenants in common rather than joint tenants.

Sorry could not work out how to just quote your bit @silvercar

My mother in law was a very canny lady and I cannot think that she would not have thought of this. How do I find out how we hold the property?  (I actually own 2/3 and them 1/6 each) We all know that we cannot sell without first offering to each other.
I have the current title deeds but it doesn't actually say on them.

It was @Land_Registry ’s comment that “ The legal ownership has passed to the cousins as the surviving joint owners” that I read as the cousins now own it entirely.

Land_Registry

teachergirl said:

silvercar said:

Land_Registry said:

teachergirl said:

Good morning. OK so this morning I have gone back to the forms..ignore my question above, I am starting with form AP1.

To recap. I have probate for my husband and am the sole executor and sole beneficiary of his estate. He owned a field with his cousins and one of them recently reminded me I need to change the name on the title deeds to the land.(there is no mortgage)

So some specific questions.

Panal 8 3rd party notification. Do I need to put their names there...they know I am doing it.

Panel 9 address for service. I assume here I do put all three names and addresses.


Box 14 I assume I only put my name in this box and that I have no conveyancer?   Then do I have to send evidence of identity as I am sending a certified copy of probate. (I think on one of my calls to the Land registry office they said this was enough)

Thank you so much in advance to anyone who can help☺️

The legal ownership has passed to the cousins as the surviving joint owners. The land didn’t form part of his estate as a result. 

So if you want to update the register to include your name then they need to Transfer the whole title to you plus them 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=c48ca216-8d82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

Panel 8 - you can put their details in but no real need
Panel 9 - yes re the three of you and which contact details you want on the updated register 
Panel 14 - yes re each of your details. You’ll need identity verification for all three of you 
You’ll need to include an official/certified copy of either death certificate/probate to confirm your late husband’s death 

@teachergirl, very honest of the cousins, as they could just take the ownership and not include you. Maybe consider changing the ownership to avoid this situation ie tenants in common rather than joint tenants.

Sorry could not work out how to just quote your bit @silvercar

My mother in law was a very canny lady and I cannot think that she would not have thought of this. How do I find out how we hold the property?  (I actually own 2/3 and them 1/6 each) We all know that we cannot sell without first offering to each other.
I have the current title deeds but it doesn't actually say on them.

There are two types of ownership. Legal and beneficial. The first is the land plus bricks & mortar. The second is the value so £s and pence. 

The cousins don’t ‘own it entirely’ but the legal ownership is for them to deal with. The beneficial ownership can be dealt with as in £s and pence. 

Tiglet2 has explained the TIC part and how you hold it will be defined by whatever paperwork exists to explain the 2/3 and 1/6 x 2 you mention which relate to the beneficial ownership. The £s and pence part can be split or shared and the trust created can be, but doesn’t have to be, protected on the register by way of a form A restriction.The legal ownership can’t be split. 

You’ve already checked the register so is there a form A restriction? 

If there is then your 2/3 share is protected already and you/they maybe happy to leave that in place and just update the register re the death, 
Alternatively you may feel the legal ownership needs to be transferred to all three of you. 

Or you could buy out their shares and they transfer the whole legal ownership to just you and cancel the for A restriction. 

Other options exist so it’s important for you all to get legal/financial advice to decide what’s best. We only register what’s applied for so can’t tell you what to do or what’s ‘best’. We can only advise that there are options and then, once decided, how to apply to update the register. 

Your MIL was ‘canny’ so doubtless took legal/financial advice before making such arrangements. My advice would be to be the same and for you to check the register, check the paperwork re the trust and also check what’s best for all three of you now things have altered as a result of her death 

Freebird53

Good morning,

I have attempted to ascertain this information on another thread without success, strange i was not directed here...

I own a house, no mortagage. Bought after 1990, and therefore on the Land Registry 'Register'.

If a nefarious entity were to attempt to somehow change the title, take possession, or any other adverse actions against my ownership of the property, would the Land Registry write to the address of the property to confirm?

Thankyou.

Land_Registry

Freebird53 said:

Good morning,

I have attempted to ascertain this information on another thread without success, strange i was not directed here...

I own a house, no mortagage. Bought after 1990, and therefore on the Land Registry 'Register'.

If a nefarious entity were to attempt to somehow change the title, take possession, or any other adverse actions against my ownership of the property, would the Land Registry write to the address of the property to confirm?

Thankyou.

If we were to contact the registered owner we’d do so at the contact address details provided. You can check those by viewing the register - B Proprietorship Register 
https://www.gov.uk/search-property-information-land-registry

Whilst often the property it’s not always so. 

If the contact address needs changing then see our online guidance 
https://www.gov.uk/government/publications/updating-registered-owners-contact-address

We don’t contact an owner every time there’s an application. If you want to be alerted each time you can use our Property Alert service 
https://www.gov.uk/guidance/property-alert

Freebird53

Thankyou for your response.

You say that you don't contact an owner every time there's an application. I'm a little confused, I have little knowledge in the area, please can you detail if there are different types of application, and the types of application for which you would in fact contact the owner at the supplied address?

This is pertinent to my original question. If activity were to occur on the listed property of which I am the registered owner, which could result in me losing ownership of that property, for example, a change of registered owner, I would like to be assured that for such an important activiy, the Land Registry would write to the address of the property listed. Is this not the case?

CSI_Yorkshire

Freebird53 said:

Thankyou for your response.

You say that you don't contact an owner every time there's an application. I'm a little confused, I have little knowledge in the area, please can you detail if there are different types of application, and the types of application for which you would in fact contact the owner at the supplied address?

This is pertinent to my original question. If activity were to occur on the listed property of which I am the registered owner, which could result in me losing ownership of that property, for example, a change of registered owner, I would like to be assured that for such an important activiy, the Land Registry would write to the address of the property listed. Is this not the case?

Basically, assume that the Land Registry do not write to property owners.

When you last sold a house (a change of registered owner), did the Land Registry write to you to check that you were actually selling?  Imagine how much extra delay that sort of thing would add to the conveyancing process.