Removing a restriction on title deeds

Buttercupx

My husband has recently died. We had a joint tenancy on our property as we were advised to do this many years ago to protect my half of the property. I have receive the deeds back from the LR  in my name but there is a restriction which says I need someone else in trust to agree if ever I should wish to sell. All his estate was left to me when he died. How do I get the restriction removed so that I can sell when I need to?

Kyresa

If there's a restriction it's been set up as tenants in common, not joint tenancy.  Who was his share left to in the will?   If it was left to you, here's a useful link from the Land Registry https://www.gov.uk/update-property-records-someone-dies
if you want to do it yourself, you'll need an ID1 form completed.  That can cost a few hundred pounds.  Alternatively you could engage a conveyancer for around the same amount who would deal with filling in the form and sending off the right data.  

Buttercupx

thank you for your reply. All his property and residual estate was left to me in his will. What is an ID1 form and where do I get that from?

Tiglet2

Buttercupx said:

thank you for your reply. All his property and residual estate was left to me in his will. What is an ID1 form and where do I get that from?

It's a Land Registry form, see here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/962608/ID1__2021-01-05_.doc

Buttercupx

I sent off the form to have his name removed after he died (with the death certificate) and that has been done but it has come back with the restriction still on. All the LR info is just gobbledegook to me. it snot clear at all what I have to do

xylophone

My husband has recently died. We had a joint tenancy on our property as we were advised to do this many years ago to protect my half of the property. I have receive the deeds back from the LR  in my name but there is a restriction which says I need someone else in trust to agree if ever I should wish to sell. All his estate was left to me when he died. How do I get the restriction removed so that I can sell when I need to?

Do you mean that you severed the beneficial joint tenancy in favour of a tenancy in common?

Is this what the restriction says?

“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.”

If so see https://forums.moneysavingexpert.com/discussion/comment/78166565/#Comment_78166565

Land_Registry

You were both registered with a form A restriction, often applied for to ‘protect a half share’ as you refer to. Hopefully you had some legal advice at the time as to why but I suspect that didn’t explain how to cancel it. 

Your recent application was presumably to update the register re his death. But what’s happened to ‘his half’? The protection works both ways. 

If it’s actually passed to you so you are now the sole legal and beneficial owner of the whole property then you can apply to cancel it - see section 7 of our Practice Guide 6 
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
If that’s the gobbledygook you refer to then I’d suggest seeking legal advice/assistance to help with the statement of truth as appropriate. 

The alternative is to do nothing now and wait until you may have to and when you do use a conveyancer to sell/remortgage
Note - form ID1 isn’t involved here and no identity verification required for cancelling a form A restriction 

Buttercupx

Thank you for your reply. I am now the sole legal and beneficial owner as everything was left solely to me in his will. I will look at the link you have supplied. Hopefully it is something I can do myself. There is no urgency but having recently had to 'walk through treacle' trying to sort out my husband's utter chaotic paperwork, I would like all my paperwork to be in order and straightforward for those having to deal with it after I've gone.

Land_Registry

Buttercupx said:

Thank you for your reply. I am now the sole legal and beneficial owner as everything was left solely to me in his will. I will look at the link you have supplied. Hopefully it is something I can do myself. There is no urgency but having recently had to 'walk through treacle' trying to sort out my husband's utter chaotic paperwork, I would like all my paperwork to be in order and straightforward for those having to deal with it after I've gone.

Understood and one more thing to sort. The key here is to look at the facts you have and to use those to format any statement of truth. Don’t try and fit what might be included to the facts - hope that makes sense. 

The PG 6 gives you a set of bullet points to follow re the sort of factual detail we need