Life Estate/Tenancy Remainder/Reversion etc

JJ829

Please may I describe my question below with regards to Life Estate/Tenancy/Remainder/Reversion etc

In 1923 John makes the following will:

I DEVISE my messuage or dwellinghouse situate now in the occupation of Mr. Taylor unto my Trustees Upon trust to permit my dear wife to have the rents and profits thereof until my daughter Annie attains the age of 21 or marries under that age and from and after my said daughter attaining the age of 21 years or marrying whichever shall first happen I DEVISE the same unto my said daughter absolutely in case my said daughter shall die before attaining the age of 21 years or marrying then I direct that the said messuage or dwellinghouse shall fall into and form part of my residuary estate. AS to the rent and residue of my estate both real and personal I GIVE DEVISE AND REQUEATH the same unto my Trustees Upon trust to convert the same into money and to pay my just debts funeral and testamentary expenses and to stand possessed of the residue in trust for my said dear Wife Ruth absolutely.

In 1924 John dies and in 1927 a Vesting deed is made between Ruth & Trustees The vesting deed says the hereditaments upon trusts which the said Ruth is now Tenant For Life In possession.

The trustees then declare the property is vested in Ruth.

Ruth shall stand possessed of the premises upon the trusts and subject to the powers and provisions upon and subject to recited settlement of settled land act 1925.

Settlement is vested in Ruth during her life.

The day after the vesting deed, she sells her property. Part of the deed says:

So far as regards the remainder or reversion expectant on the equitable estate of the Vendor in the hereditaments hereby assured and the title to and further assurance of the same hereditaments after her death the covenants on her part implied by virtue of the Law of Property Act 1925 shall extend only to the acts and defaults of the Vendor and persons now or hereafter claiming through or in trust for her.

Please can I as the following questions?

1.       I'm trying to figure out what is meant by remainder or reversion expectant on the equitable estate and what has her death has got to do with assurance of the same hereditaments?

2.       When she sells the property, is she now no longer a life tenant?

3.       When she is assuring the hereditaments is this for all successors of the property?

Many thanks

RetSol

This post reads like an exam question.

What makes you ask? 

If the property is now registered at the Land Registry, it is very unlikely that any of this is of significance now.

Have you checked the title at the Land Registry? 

JJ829

Lol, I see you point. It does read that way  

I understand as you say the significance of this now is very unlikely. 

We’ve checked the title and the LR have simply missed all the rights our property has and is subject to. It is void of any information apart from name, address and mortgage. Having looked at the pre deeds we can see what they have missed off and therefore cannot help but question what else may be missing.

Part of our property is occupied by the neighbouring property and it has been this way since at least the will/vesting deed was written above.

I cannot help but question if the remainder/reversion et has anything to do with this and why she is assuring title after her death.
I am also of the opinion this could relate to a pre 1925 covenant/lease our property had/has or is subject to.

The LR are saying this should be part of the neighbouring properties title but I am certain there is more to it. 

Bet you’d never asked but could it be significant? 

RetSol

I studied land law at university and your original post brought me out in a cold sweat.

I don't think that you are going to sort this out on the Forum.  If you think that the Land Registry entry for your property (and/or the neighbouring property) is incorrect and that this is detrimental to you in some way, you need to consult a solicitor with a view to getting the register corrected, if necessary.

Part of our property is occupied by the neighbouring property and it has been this way since at least the will/vesting deed was written above.

This sounds like a long-standing boundary issue.  If you are serious about resolving it, you are going to need legal advice. 

JJ829

Thank you so much RetSol, I have been in a cold sweat for the past 8 months.
Having seriously tried,I agree I don't think I will find the answers on any forum.
Best Regards