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Deed of variation - does it need to be registered with the Land Registry
boongywoongy
Posts: 90 Forumite
in Cutting tax
In the past, a Deed of Variation was drawn up with a solicitor to declare the beneficial interest in a property (that I own) is held as tenants in common in equal share with my wife.
I have now decided to sell the property and my (new) solicitor has said that this deed of variation should have been registered with the Land Registry in which their checks have not uncovered.
Since this was any change in the lease, is that true? Should the change in beneficial interest should have been sent to the Land Registry? What I do know is that the HMRC were notified.
I have now decided to sell the property and my (new) solicitor has said that this deed of variation should have been registered with the Land Registry in which their checks have not uncovered.
Since this was any change in the lease, is that true? Should the change in beneficial interest should have been sent to the Land Registry? What I do know is that the HMRC were notified.
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Comments
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I'm not a solicitor, but it seems at odds with this:
https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land
Is the land in England/Wales?0 -
It's in England.
Where in the linked page do you see some thing at odds?0 -
For example:
"In registered conveyancing, the position is simpler. The register records the ownership of the legal estate, not the beneficial interests, and the registrar is not affected with notice of a trust (section 78 of the Land Registration Act 2002). As far as possible, references to trusts should be kept off the register."
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