Land Registry questions

Land_Registry

Millsandovis said:

Thanks! Just another scenario, if for example it hadn’t been dealt with after the death of the first TIC, would it need explaining what happened to the beneficial interest in the interim of a beneficiary becoming an adult? Say for example the first person died intestate and first beneficiary was an infant child, legal ownership passes to joint TIC but beneficial interest remains there until beneficiary can claim it at 18? Would a trust have to be proven at ST5/RX3 time or does an ‘unofficial trust’ exist by simply waiting? Bit confusing as I know there’s no legal obligation to let you know about deaths and I’ve seen it said LR aren’t bothered about wills etc just registration of correct people after the fact. Are you just relying on wills/intestacy laws being followed? 

The law relies on wills/intestacy laws being followed. We rely on a legal deed to deal with the legal ownership so if for example someone l transfers (sells) the property as a legal owner that’s fine from a registration perspective. 

The law and beneficial ownerships click in as soon as the land/property is converted into £s and pence (money) as that can be split/shared but the actual land and building can’t. 

To now cancel the form A restriction You have to show how you have become the sole beneficial owner. It’s nothing to do with what has or hasn’t been dealt with but all about how the joint owners, who had split their beneficial ownership, left their shares to you 
So it’s that scenario, and only that one, you need to explain re the facts. And if the beneficial share went on a journey before getting to you then explain that journey by stating the facts. 

If for any reason you are unsure of the facts or need clarity re the ‘journey’ then please do seek legal advice to confirm that you are the sole legal and beneficial owner 

Millsandovis

Brilliant thanks! So in that scenario (my partner is in a very similar position) you could just simply state that she was the sole surviving beneficiary as a child when the first person died as per intestacy but obviously could not claim the beneficial interest until adulthood. The other TIC became legal owner with other 50% beneficial interest protected. Now she is above 18 both parents beneficial interest in the house has passed to her via intestacy for one & a will for the other. There was no ‘journey’ per se as she was the only beneficiary, estate was under probate & IHT threshold and her parents (TIC) were unmarried at time of first death. 

Land_Registry

Millsandovis said:

Brilliant thanks! So in that scenario (my partner is in a very similar position) you could just simply state that she was the sole surviving beneficiary as a child when the first person died as per intestacy but obviously could not claim the beneficial interest until adulthood. The other TIC became legal owner with other 50% beneficial interest protected. Now she is above 18 both parents beneficial interest in the house has passed to her via intestacy for one & a will for the other. There was no ‘journey’ per se as she was the only beneficiary, estate was under probate & IHT threshold and her parents (TIC) were unmarried at time of first death. 

You simply state the facts needed to explain how the beneficial ownership is now solely yours

DrPepperFan

Hello, I’ve made an application to have a form A restriction removed from my property. I haven’t had a letter or anything back yet but I bought the title register last week to check and the restriction is not on there. There was one on there a few weeks ago when I bought the title register after sending the letter off and now it’s gone. 

Is this normal? Has it been removed and I’m just waiting for the new title register to be printed off and sent? 

JM68

Hi @Land_Registry

We extended our lease and our solicitor said it was sent to the LR in August 2022.  However, we have still not received notification it has been registered.  What are the current waiting times please?

Thanks in advance.

Land_Registry

DrPepperFan said:

Hello, I’ve made an application to have a form A restriction removed from my property. I haven’t had a letter or anything back yet but I bought the title register last week to check and the restriction is not on there. There was one on there a few weeks ago when I bought the title register after sending the letter off and now it’s gone. 

Is this normal? Has it been removed and I’m just waiting for the new title register to be printed off and sent? 

It’s normal for it to be removed if you applied correctly. And if completed whoever applied would be notified as per the details provided on the form. The post can be a wait at times and can take a week or more in my experience 

Land_Registry

JM68 said:

Hi @Land_Registry

We extended our lease and our solicitor said it was sent to the LR in August 2022.  However, we have still not received notification it has been registered.  What are the current waiting times please?

Thanks in advance.

Wait times are lengthy although Aug 2022 is at the extreme end. Have they given you the title number/our case (ABR) reference perhaps? 

JM68

Hi @Land_Registry

Thanks for responding.  The LR ref is NB8FA57.

Land_Registry

JM68 said:

Hi @Land_Registry

Thanks for responding.  The LR ref is NB8FA57.

Ok but that application was cancelled ion 10th May 2023. They resubmitted it in June 2023 and it’s waiting to be processed - based on current timescales that’s not likely to be until much later in the year 

JM68

Hi @Land_Registry

Thanks for checking.  When you say 'cancelled' does that mean it was defective in some way and had to be resubmitted?  We had no notification from the solicitor who acted for us after they confirmed they had sent it for registration back in August 2022.