Land Registry - B: Proprietorship register

ollylaura

xylophone said:

Title absolute.Naming both me and my Wife as proprietors.

If there is no form A restriction, the likelihood is that you were joint tenants - the house falls into your sole ownership as the survivor.

How do you explain the reference to a charge? Did you have a mortgage with TSB?

With regard to probate, if the house was owned as joint tenants, then it cannot pass by will.

If your wife had  assets in her sole name that pass to you by will (cash/shares etc), you may need probate if the institutions require it.

xylophone said:

Title absolute.Naming both me and my Wife as proprietors.

If there is no form A restriction, the likelihood is that you were joint tenants - the house falls into your sole ownership as the survivor.

How do you explain the reference to a charge? Did you have a mortgage with TSB?

With regard to probate, if the house was owned as joint tenants, then it cannot pass by will.

If your wife had  assets in her sole name that pass to you by will (cash/shares etc), you may need probate if the institutions require it.

Thank you for responding.
Yes we originally had a TSB Mortgage...There are no sole assets in my late Wife's Name. There is no mention of any restriction in section which is the property register section. of the form 94D.Is that what your referring to ? ..Excuse my complete ignorance on this topic.

xylophone

Yes we originally had a TSB Mortgage...There are no sole assets in my late Wife's Name. There is no mention of any restriction in section which is the property register section.

There is a restriction  stating ...

Except under an order of the registrar no disposition by the proprietors of the land or made in exercise of the power of the sale in any charge subsequent to that dated 25 april 1986 in favor of the TSB Bank PLC referred to in the charges register is to be registered is to be registered without the consent of the proprietors for the time being of the said charge.

I have looked at the above several times. What does it mean? It doesn't make sense?

ollylaura

xylophone said:

Yes we originally had a TSB Mortgage...There are no sole assets in my late Wife's Name. There is no mention of any restriction in section which is the property register section.

There is a restriction  stating ...

Except under an order of the registrar no disposition by the proprietors of the land or made in exercise of the power of the sale in any charge subsequent to that dated 25 april 1986 in favor of the TSB Bank PLC referred to in the charges register is to be registered is to be registered without the consent of the proprietors for the time being of the said charge.

I have looked at the above several times. What does it mean? It doesn't make sense?

The reference to the TSB will be because we purchased the house with a TSB mortgage.I have now found the Conveyance document made when we purchased.It states  the following with regards to tenancy . the purchasers shall hold the net rents and profits thereof until sale upon trust for themselves as joint tenants beneficially...So I think that answers my question with regards to tenancy status...

xylophone

I have now had another look.

Except under an order of the registrar,  no disposition by Mr and Mrs Ollylaura (or disposition made in exercise of the power of the sale in any charge subsequent to that dated 25 April 1986 in favour of the TSB Bank PLC referred to in the charges register),  is to be registered without the consent of TSB plc.

You bought the property, (as joint tenants), with the help of a loan from TSB plc.

TSB plc registered a first charge on the property as security  for the loan.  The charge was to prevent you and your wife (or the owner of any second charge on the property) from selling it  (except under an order of the registrar) without the permission of TSB plc.

Have you repaid the loan from TSB?  Was there ever any other charge placed on the property?

If the property is now mortgage and charge free, why is  this still on the Register?

ollylaura

xylophone said:

I have now had another look.

Except under an order of the registrar,  no disposition by Mr and Mrs Ollylaura (or disposition made in exercise of the power of the sale in any charge subsequent to that dated 25 April 1986 in favour of the TSB Bank PLC referred to in the charges register),  is to be registered without the consent of TSB plc.

You bought the property, (as joint tenants), with the help of a loan from TSB plc.

TSB plc registered a first charge on the property as security  for the loan.  The charge was to prevent you and your wife (or the owner of any second charge on the property) from selling it  (except under an order of the registrar) without the permission of TSB plc.

Have you repaid the loan from TSB?  Was there ever any other charge placed on the property?

If the property is now mortgage and charge free, why is  this still on the Register?

Hi Xylophone..Thanks again for looking over this. The Paperwork I have referred is all from years ago when we first purchased the house. The TSB mortgage was paid off years ago .I have a letter (just found it ) confirming the mortgage was paid in full and the letter states that the charge on the property has been removed and the land registry records were updated accordingly . Thanks again.