Declaration of Trust

Snakes_Belly

Thank you for your replies. To check my understanding.

From the information I have quoted the restriction relates to a bank charge on the property. There is no form A restriction on the registered title. It could be assumed that the ownership is a joint tenancy but a joint tenancy could still include a separate deed.

getmore4less

And any joint tenancy could have been severed by giving notice or by joint actions that indicate there was the intention to do so.

What are you trying to do.

Snakes_Belly

To establish whether a joint tenancy or tenancy in common. The co-owner doesn't know and needs to know. Wants to try to avoid paying solicitor's fees if information is available from online sources. Very unlikely that any changes have been made since the property was purchased apart from the charge. Co-owner has no access to original paperwork.

getmore4less

What does the other owner say.

All owners sould have to agree the charge.

One way to be sure it is TIC is to serve a severance notice.

We are dealing with an original ownertrying to find out?

SmashedAvacado

When did they buy? They could ask their solicitor for the file and a copy of the TR1 should be on the file.

SmashedAvacado

getmore4less wrote: »

What does the other owner say.

All owners sould have to agree the charge.

One way to be sure it is TIC is to serve a severance notice.

We are dealing with an original ownertrying to find out?

there are circumstances where you don't want to do this - (for example every single circumstance other than the one where the intention was to own 50/50).

Snakes_Belly

Yes we are dealing with an original owner trying to find out.

Snakes_Belly

'there are circumstances where you don't want to do this - (for example every single circumstance other than the one where the intention was to own 50/50'

There is an element of bad feeling however all the owner wants to do at the moment it to clarify their position and take stock.

Land_Registry

Snakes_Belly wrote: »

There is an element of bad feeling however all the owner wants to do at the moment it to clarify their position and take stock.

There's no form A restriction and The co-owner doesn't know
The charge restriction has no bearing

So their position appears to be that as far as they are aware they purchased as joint tenants, they have not severed their joint tenancy and are unaware of anything wider which may have occurred to cause that to happen.

Unsure who they are trying to clarify it to but in my experience that is what a solicitor would be asking them to confirm. So I'm unsure why not being able to clarify the above would trigger any solicitor's fees?

getmore4less

Is there a disagreement on what the beneficial ownership is.

Any original deed may no longer hold if there have been changes like a new charge. Or other circumstances not covered by the deed

Joint/TIC is generally only relevant on deaths and even then the survivor can deal/sell the property without involving the estate.