Land registry problem

ruth56_2

When my father in law died Feb last year we contacted the land registry for advice.He was named as joint leaseholder for their marital flat and as a freeholder for the same property and the other flat in the building. The freehold was jointly owned with the owner of flat above. This was explained to the person on the bereavement department and the two land registry numbers were given. We sent off the form DJP as advised, but it now transpires that what has happened is that dad's name was removed from the freehold title ( for some reason, the solicitor dealing with the purchase had put this in single name) and not done anything with the jointly registered leasehold title. Mum filed the letter from land registry without realising what had happened and we have just found out what has happened. The man from the other flat has learning disabilities and it is hard to explain to him that we now have to put mum back on the registration which involves TR1,AP1 and ID1 for both. Obviously there is a quite a big cost involved and we are going to have to pay for his Id verification now and he has to agree to put the freehold into joint names. What if he doesn't?? We have the letter from the solicitor who dealt with the purchase and also proof that it was in dad's name...has this mistake given him the freehold?? Really stressed about this as feel that the LR have made this so much worse by the poor advice and not changing both registrations. Mum is 86yrs and very very anxious. I realise we would have had to do some (?all) the same forms at the time of the changes but it now seems so much worse and hard to explain. Any advice would be appreciated

da_rule

Are you sure it was a 'mistake'? How was the freehold owned?

If the freehold was owned with the other person as joint tenants then your father in law's share would have passed automatically to the other owner. If the freehold was owned as tenants in common then your FIL's share should have been transferred by assent in line with his will/the intestacy rules.

ruth56_2

I don't know! There is nothing on the land registry to say either just both the names. The freehold was part of the purchase of the ground floor flat. The other freeholder owns the lease of the upper flat. Mum owned the lease with dad. When I phoned the land registry after the bereavement, I think they only looked at one of the entries even though I gave both numbers. They also did this when I rang the other day.....the person at land registry did not say anything about tenants in common or joint Tennant when I directed her to the freehold title, she just told me all the forms which needed completing.

G_M

So get hold of the original Title document ffrom whhen your fil owned the Title and check.

You may need to write to get this as tthe ccurrent Title will just show the other owner.

ruth56_2

I have got the original title deed and it just states the names not the way it is set up!
Title absolute two names no mention of tenants in common joint tenants or any other stipulation.

G_M

Look at the Proprietorship Register (B).

Does the following wording appear?

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

If yes, the property is owned as Tenants in Common.

If no, the property is owned as Joint Tenants.

ruth56_2

Hi Yes it does say that. So does that mean that the other freeholder still owns the whole freehold but mums interest is noted so cannot be sold. Or does it mean that we just have to add mum or that the land registry should have asked for the beneficiary details? very confusing!

G_M

The other guy, and your dad, owned as TIC. The default position where there is no Deed specifyng otherwise, is that they owned 50% each.

The other guy still owns his 50%. On his death, your father's 50% would pass to whoever was named in his will (if he left one). If that was his wife then she now owns his 50%.

ruth56_2

So how do we get her name back on the land registry, have we got to do AP1 TR1 and ID1 for both her and the other freeholder?