Declaration of Trust

Snakes_Belly

Trying to find out some information about a property. Need to know if the property is owned as a joint tenancy or a tenancy in common. Also if tenancy in common need to know what percentage is owned by each party and the see the declaration of trust. We have done a basic search on the Land Registry.

Can this information only be obtained through a solicitor and if so any idea of costs please. Thank you.

xylophone

Is there a restriction in Section B Proprietorship Register?

“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.”

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/do-tenants-in-common-need-a-declaration-of-trust/

Snakes_Belly

Thank you for your reply. I don't know whether is the is a restriction. My understanding is from the basic search that the property is registered in two names. What search could be done to see if there is a restriction please, thank you.

xylophone

What search could be done to see if there is a restriction please, thank you.

You need to check the Section B Proprietorship Register for the restriction.

https://www.gov.uk/search-property-information-land-registry

https://www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/using-the-title-register.asp

Tom99

The deed of trust itself is not registered so there is no way of finding out how sale proceeds would be split other than asking one of the owners

xylophone

The deed of trust itself is not registered so there is no way of finding out how sale proceeds would be split other than asking one of the owners

Below may be of interest.

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/do-tenants-in-common-need-a-declaration-of-trust/

Snakes_Belly

This is what the restriction says. It looks like this restriction is an addition and relates to the charge.

RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated XXX in favour of XXX Bank UK PLC
referred to in the Charges Register.

badger09

Snakes_Belly wrote: »

This is what the restriction says. It looks like this restriction is an addition and relates to the charge.

RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated XXX in favour of XXX Bank UK PLC
referred to in the Charges Register.

CAVEAT I'm no expert.

That restriction relates to a mortgage or loan secured on the property, rather than anything to do with joint tenants/tenants in common.

Snakes_Belly

That is what I thought. I am no expert but these restrictions must be a kind of warning to the person dealing with the conveyance.


The restriction seems to have been added a number of years after the purchase.

getmore4less

There is no way to be sure how the beneficial interests are held.

Even with joint tenants there can be a deed that splits the beneficial ownership.

Even the land reg held information may not be correct but is a reasonable indicator of TIC if there is a restriction.

Land_Registry

IT's not a question of whether the land register is correct or not re such matters as how the property is held is not always something joint owners will register.

The register is not definitive re such detail and the term 'tenants in common' is not referred to on the register. It relates to their beneficial interests and the register shows the legal ownership, which is quite different.

Joint owners may indicate that they wish to hold the property as tenants in common when they are registered or may decide to sever their joint tenancy at some stage.

When this happens, and where the land is registered, we can register a Form A restriction on the registered title, namely
'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'

The one you have quoted relates to a loan secured against the property. If it's much later than their purchase then it seem they have simply remortgaged.

The Form A restriction does not itself change the ownership from beneficial joint tenancy to tenancy in common. The restriction only reflects the request or change made.

For further information see Joint property ownership available on the GOV.UK website

As others posted any declaration of trust or deed and the specifics it contains is likely to be private to the joint owners/their solicitor