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How to find out if Joint Tenants or if Tenants in Common

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Not as simple as I thought. I assumed the Land Registry would have this info, but it seems uncertain where that information will be kept, apparently it can vary.

A relative and his mother bought their house off the council back in the 1980s as joint owners, but now his Mum has died needs to know what sort of joint ownership it was. Doesn't want to go spending money on various documents if they end up not showing this information.

Would be grateful for any help here please.
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  • doodling
    doodling Posts: 1,262 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Hi,

    If the Land Registry has been notified that the property is held as tenants in common then there will a restriction "No disposition by a sole proprietor..." on the title register.  Spend the £7 and get a copy.

    Note that the Land Registry is not definitive as it is possible to sever a joint tenancy and not tell them.  In that case the usual rules of evidence would apply in determining the status of the property (e.g. is someone waving a notice of severance of the joint tenancy around? is there evidence in orher documents? is there a deed of trust in existence? etc.).
  • Keep_pedalling
    Keep_pedalling Posts: 20,599 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    doodling said:
    Hi,

    If the Land Registry has been notified that the property is held as tenants in common then there will a restriction "No disposition by a sole proprietor..." on the title register.  Spend the £7 and get a copy.

    Note that the Land Registry is not definitive as it is possible to sever a joint tenancy and not tell them.  In that case the usual rules of evidence would apply in determining the status of the property (e.g. is someone waving a notice of severance of the joint tenancy around? is there evidence in orher documents? is there a deed of trust in existence? etc.).
    As above, but make sure you don’t don’t use one of the scam fee charging sites, this is the site you need.

    https://www.gov.uk/search-property-information-land-registry
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