Re title register

joe134

Hi Guys, I have opted on savings and investments for advice on wills and IHT.
Put on to this site.

This was one reply.

As said, no IHT no matter how much you own/leave to each other.
You say house in joint names but check it's joint tenants not tenants in common. You can do this by checking the Title Register, if it's held as tenants in common there will be the following restriction under Part B Proprietorship Register:

'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.'

It's probably a good idea to leave a copy of the title with your will and other documents.
With regard to the will it's probably a minimum to say that if your wife dies before you your estate will go in equal shares to your children, same for your wife's will.


I have just checked what paperwork I have, land registry, and there’s no mention of joint tenants, which it should be.
I thought this was/is the Title.
It has both our names and a plan of the property, and a list of covenants, that’s it!
The deeds are lodged with the solicitors, from 25 years ago, they are there, I phoned last week.
However, I cannot find anything in my possession stating whether it’s joint or in common!
Just my wife and my names on land reg.
How do I find out from said Title register?
Any advice would be grateful.

Need to get a new will written?

Keep_pedalling

The default is joint tenants, and as there are no restrictions recorded that is how your house is held.

Your solicitor can advise you when you sit down with them to draft your wills. A will is one of the most important documents you will ever make, so please don’t DIY it.

joe134

Keep_pedalling wrote: »

The default is joint tenants, and as there are no restrictions recorded that is how your house is held.

Your solicitor can advise you when you sit down with them to draft your wills. A will is one of the most important documents you will ever make, so please don’t DIY it.

Thanks very much KP, much appreciated.
That’s why it wasn’t shown and couldn’t see any way of finding It on gov web site.
The only piece of paper pertaining to the house is the letter from my solicitor and land reg paper with names and plans,.
Presume this is sufficient.:beer::beer:

Tom99

[FONT=Verdana, sans-serif]Check it's a copy of the title register that you have or download one from here for £3 if you are not sure.[/FONT]
[FONT=Verdana, sans-serif]https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do[/FONT]
[FONT=Verdana, sans-serif]The copy register is a few sheet long, at the top will be a Register Extract with some basic details. [/FONT]
[FONT=Verdana, sans-serif]Then you should have:[/FONT]
[FONT=Verdana, sans-serif]A: Property Register[/FONT]
[FONT=Verdana, sans-serif]B: Proprietorship Register[/FONT]
[FONT=Verdana, sans-serif]C: Charges Register[/FONT]

[FONT=Verdana, sans-serif]If the property is held as tenants in common there will be a restriction under the Proprietorship Register as follows:[/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 this restriction is not listed then you own as joint tenants.[/FONT]

Land_Registry

Although many people advise that a form A restriction confirms you are TIC I’m afraid that is not strictly true. The register is not definitive re such matters and the presence of a form A merely means an application was made to register one.

For example you may have entered into a trust or written your wills to split your beneficial ownerships. But you didn’t apply for a form A restriction on the title. As the register is not definitive you d9nt have to.

And similarly you may have applied but then changed your circumstances but not applied to remove the form A.

So there is no default as suggested and the register would form just one part of your checks. Your wills can also play a part and so too can any debts/bankruptcy registered through the courts and more. Our online guidance explains more

So whilst the register can help it is not definitive as is often suggested

Keep_pedalling

Land_Registry wrote: »

Although many people advise that a form A restriction confirms you are TIC I’m afraid that is not strictly true. The register is not definitive re such matters and the presence of a form A merely means an application was made to register one.

For example you may have entered into a trust or written your wills to split your beneficial ownerships. But you didn’t apply for a form A restriction on the title. As the register is not definitive you d9nt have to.

And similarly you may have applied but then changed your circumstances but not applied to remove the form A.

So there is no default as suggested and the register would form just one part of your checks. Your wills can also play a part and so too can any debts/bankruptcy registered through the courts and more. Our online guidance explains more

So whilst the register can help it is not definitive as is often suggested

Thanks for the correction. Would it be fair to say that if there is no evidence anywhere that TIC has been implemented then it has to be assumed that it is owned as JTs?

Land_Registry

Keep_pedalling wrote: »

Thanks for the correction. Would it be fair to say that if there is no evidence anywhere that TIC has been implemented then it has to be assumed that it is owned as JTs?

I think most would make that assumption but it's key to ensure you understand what the terms mean and referred to in the context of the beneficial ownership
Not only can a form A restriction be added for other reasons but it can also be added by default and indeed added but not removed when circumstances change.
Hence the register is simply part of a wider picture around how the beneficial ownership is held

joe134

EDITED.
Thanks LR, seems I posted on here same time as I was reading your latest post on other thread.
I will not post on this thread again, stick with the other, but will keep reading it.