Advice needed plz

Shunna

Hi all, I have a complex case that might be long winded but feel I would get a better response if the facts were there.
Firstly, how many names can be listed on a deed for a property?
The reason I ask is because my recently deceased parents had a home and they listed themselves, my brother and myself as joint owners prior to them passing.
Today I went on to the land registry page to get a copy of the above listed parties in order to prepare ourselves to sell the property and it was as above, just my parents, my brother and myself.
An hour ago, I had an alert from the land registry telling me that a solicitor in my home town had lodged an application against the property, for obvious reasons the Land Registry were unable to give me any more details.
This is where it gets complex, my Sister is insisting that she is a joint owner but her name is not on the deed's and I am wary that she has made contact with a solicitor to just add her name onto the deed's......Is she able to do this? It is not that we have a grudge, I would willingly split the sale of the house between all 3 of us. I just need to know that nothing underhanded is going on?
Would my brother and I be informed by the Land Registry if someone was adding their name to the deed's?
Could she also just take everyone's name off the deed's and just put her own name on it? Again, would the Land Registry inform us if this was to happen?
I have hundreds more question's but these are my main ones if anyone can advise.
Thanks in advance.

Savvy_Sue

I have a feeling it's four, so your sister might wish to add her name now that your parents are due to be removed.

Again, my feeling is that ownership can be split more than four ways, but only four names will ever be listed.

Keep_pedalling

I believe the maximun is 4 although there can be more than 4 owners. Does the land registration record any restrictions on the property?

What may be going on is the placing of a restriction on the property to prevent you selling up. It would seem that your are happy to split the proceeds 3 ways so the 3 of you need to sit down and thrash this out to avoid waisting a load of money on legal fees. Was there a will and if so who are the executors?

Shunna

Keep_pedalling wrote: »

I believe the maximun is 4 although there can be more than 4 owners. Does the land registration record any restrictions on the property?

What may be going on is the placing of a restriction on the property to prevent you selling up. It would seem that your are happy to split the proceeds 3 ways so the 3 of you need to sit down and thrash this out to avoid waisting a load of money on legal fees. Was there a will and if so who are the executors?

No restrictions. Maybe adding her name as her name was not originally on there as the max must be only 4 names.
My sister is the executor but no mention of the house in the will.

Yorkshireman99

Shunna wrote: »

Hi all, I have a complex case that might be long winded but feel I would get a better response if the facts were there.
Firstly, how many names can be listed on a deed for a property?
The reason I ask is because my recently deceased parents had a home and they listed themselves, my brother and myself as joint owners prior to them passing.
Today I went on to the land registry page to get a copy of the above listed parties in order to prepare ourselves to sell the property and it was as above, just my parents, my brother and myself.
An hour ago, I had an alert from the land registry telling me that a solicitor in my home town had lodged an application against the property, for obvious reasons the Land Registry were unable to give me any more details.
This is where it gets complex, my Sister is insisting that she is a joint owner but her name is not on the deed's and I am wary that she has made contact with a solicitor to just add her name onto the deed's......Is she able to do this? It is not that we have a grudge, I would willingly split the sale of the house between all 3 of us. I just need to know that nothing underhanded is going on?
Would my brother and I be informed by the Land Registry if someone was adding their name to the deed's?
Could she also just take everyone's name off the deed's and just put her own name on it? Again, would the Land Registry inform us if this was to happen?
I have hundreds more question's but these are my main ones if anyone can advise.
Thanks in advance.

The LR will only allow four people to be regtered as owners. Changes can only be made with proof so this cannot be done without it. So your story does not add up.

Shunna

Yorkshireman99 wrote: »

The LR will only allow four people to be regtered as owners. Changes can only be made with proof so this cannot be done without it. So your story does not add up.

Hi Yorkshireman99. I dont understand when you say my story does not add up?

getmore4less

Shunna wrote: »

Hi all, I have a complex case that might be long winded but feel I would get a better response if the facts were there.
Firstly, how many names can be listed on a deed for a property?

There is a max of 4 legal owners they hold the property as a trust for the beneficial owners.

The reason I ask is because my recently deceased parents had a home and they listed themselves, my brother and myself as joint owners prior to them passing.

was this as joint tenants or tenants in common?

Today I went on to the land registry page to get a copy of the above listed parties in order to prepare ourselves to sell the property and it was as above, just my parents, my brother and myself.

An hour ago, I had an alert from the land registry telling me that a solicitor in my home town had lodged an application against the property, for obvious reasons the Land Registry were unable to give me any more details.

This is where it gets complex, my Sister is insisting that she is a joint owner but her name is not on the deed's and I am wary that she has made contact with a solicitor to just add her name onto the deed's......Is she able to do this? It is not that we have a grudge, I would willingly split the sale of the house between all 3 of us. I just need to know that nothing underhanded is going on?
Would my brother and I be informed by the Land Registry if someone was adding their name to the deed's?
Could she also just take everyone's name off the deed's and just put her own name on it? Again, would the Land Registry inform us if this was to happen?
I have hundreds more question's but these are my main ones if anyone can advise.
Thanks in advance.

With two of the 4 legal owner now deceased there names can be taken off(just needs death certificates) but as you plan to sell not a lot of point doing it now that leaves the two of you as the legal owners and can get on with dealing with the sale

My sister is the executor but no mention of the house in the will.

That will be her interest in the property as executor she is responsible for protecting the estate asset

She will also have a beneficial interest in the estate.


Talk to her.


The land registry rep can confirm the details of her being able to add her name or not, I think to do that she would need to have agreement from the current legal owners.


There is the secondary issue of when this was done, why was it done, were you living there, added as Joint or TIC, were your parent joint or TIC, what beneficial interest was passed at the time, what was left as the parents beneficial interest, what both wills said...

Tom99

Shunna wrote: »

No restrictions. Maybe adding her name as her name was not originally on there as the max must be only 4 names.
My sister is the executor but no mention of the house in the will.

[FONT=Verdana, sans-serif]Are you sure?[/FONT]

[FONT=Verdana, sans-serif]Check if the following Restriction is listed under Part B Proprietorship Register:[/FONT]
[FONT=Verdana, sans-serif]RESTRICTION: 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.[/FONT]

[FONT=Verdana, sans-serif]If there is no restriction that would indicate the four owners held the property as Joint Tenants not Tenants in Common and on you parents death the property is inherited by you and your brother, via survivorship, ie your sister would not share the property with you.[/FONT]

[FONT=Verdana, sans-serif]But you can obviously sort that out by agreement between you.[/FONT]

[FONT=Verdana, sans-serif]I don't think your sister can get herself added as a legal owner but I expect she is only seeking some restriction on you selling by claiming you and your brother own the property on trust for all three of you. [/FONT]

getmore4less

If there is no restriction that [STRIKE]would[/STRIKE] could indicate the four owners held the property as Joint Tenants

Land reg only hold the legal owners not the beneficial ownership.

Yorkshireman99

Shunna wrote: »

Hi Yorkshireman99. I dont understand when you say my story does not add up?

Who are the beneficries of the will? Who are thee executors? Who owned the property before the date of death? How has the sister been able to get the LR entry changed?

getmore4less

Yorkshireman99 wrote: »

Who are the beneficries of the will? Who are thee executors? Who owned the property before the date of death? How has the sister been able to get the LR entry changed?

All that has happened is a solicitor has filed an application.