TR1 form

mills112

If you don't have a copy of the TR1 form for your property, how do you get a copy from the land registry?

I need to check my in-laws "joint tenancy" status on their house.  They think they had held the property as "joint tenants" but they aren't 100% certain.

I looked at the property register document for my house and that information is not on a property register.

Keep_pedalling

You can’t, you need to look at the land registry to see if there is a Form A restriction on the title register worded as below. If that is not there they will be joint tenants.

“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.”

mills112

Keep_pedalling said:

You can’t, you need to look at the land registry to see if there is a Form A restriction on the title register worded as below. If that is not there they will be joint tenants.

“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.”

i was continuing to google after I had posted my question and I saw something about Form A restriction.  I looked at a property register where my husband and I owned the property as tenants in common and it had that phrase under the "Title Absolute" and that was missing on our home property, where we held the property as "joint tenants" so I was going to google that clause to make sure it means what I think it means.

So thanks so much for clarifying that!

Tiglet2

I don't believe the Land Registry keep copies of the TR1 once the property has been registered.  Or, if they do, you would have to request it specifically from LR using a form OC1.

However, if you look at the property register, is there a restriction on it?  It's known as a Form A Proprietor Restriction which means that the property was held as Tenants in Common.  Below is an example of a Form A 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.”   

Usually there will also be a Declaration of Trust drawn up and signed and witnessed showing the percentage owned by each party.  If no DoT can be found, it will be assumed as owned 50/50.

If this restriction is not on the property register, then the property was owned as Joint Tenants.

p00hsticks

You can order or download a copy of the Title Deeds from the Land Registry.
The official website is here (beware of more expensive 'lookey-likeys')
Land registration - GOV.UK

If you look in part B and see the wording ' (27.03.1991) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.' that would indicate that the property was bought as tenants in common rather than joint tenants.

HOWEVER my understanding is that if the property is owned by more than one person as joint tenants then one of them can unilaterally sever the joint tenancy without informing the land registry so you can't be 100% certain of the way the property is owned from looking at the register. 

mills112

p00hsticks said:

You can order or download a copy of the Title Deeds from the Land Registry.
The official website is here (beware of more expensive 'lookey-likeys')
Land registration - GOV.UK

If you look in part B and see the wording ' (27.03.1991) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.' that would indicate that the property was bought as tenants in common rather than joint tenants.

HOWEVER my understanding is that if the property is owned by more than one person as joint tenants then one of them can unilaterally sever the joint tenancy without informing the land registry so you can't be 100% certain of the way the property is owned from looking at the register. 

I am not clear what this means? - "one of them can unilaterally sever the joint tenancy without informing the land registry".  Can you clarify what you mean here?

p00hsticks

mills112 said:

p00hsticks said:

You can order or download a copy of the Title Deeds from the Land Registry.
The official website is here (beware of more expensive 'lookey-likeys')
Land registration - GOV.UK

If you look in part B and see the wording ' (27.03.1991) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.' that would indicate that the property was bought as tenants in common rather than joint tenants.

HOWEVER my understanding is that if the property is owned by more than one person as joint tenants then one of them can unilaterally sever the joint tenancy without informing the land registry so you can't be 100% certain of the way the property is owned from looking at the register. 

I am not clear what this means? - "one of them can unilaterally sever the joint tenancy without informing the land registry".  Can you clarify what you mean here?

This link indicates that you do need to inform the Land Registry, but from reading these boards  I'm not 100% sure if that is abosutely necessary
Joint property ownership: Change from joint tenants to tenants in common - GOV.UK

It's most commonly done when one or both of the joint owners wish to leave their share of the property to someone other than the other owner, rather than it automatically passing to the other owner on death.. 

Keep_pedalling

mills112 said:

p00hsticks said:

You can order or download a copy of the Title Deeds from the Land Registry.
The official website is here (beware of more expensive 'lookey-likeys')
Land registration - GOV.UK

If you look in part B and see the wording ' (27.03.1991) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.' that would indicate that the property was bought as tenants in common rather than joint tenants.

HOWEVER my understanding is that if the property is owned by more than one person as joint tenants then one of them can unilaterally sever the joint tenancy without informing the land registry so you can't be 100% certain of the way the property is owned from looking at the register. 

I am not clear what this means? - "one of them can unilaterally sever the joint tenancy without informing the land registry".  Can you clarify what you mean here?

Yes, you have to make the change with the land registry but it only needs one of the owners to do so.

mills112

Keep_pedalling said:

mills112 said:

p00hsticks said:

You can order or download a copy of the Title Deeds from the Land Registry.
The official website is here (beware of more expensive 'lookey-likeys')
Land registration - GOV.UK

If you look in part B and see the wording ' (27.03.1991) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.' that would indicate that the property was bought as tenants in common rather than joint tenants.

HOWEVER my understanding is that if the property is owned by more than one person as joint tenants then one of them can unilaterally sever the joint tenancy without informing the land registry so you can't be 100% certain of the way the property is owned from looking at the register. 

I am not clear what this means? - "one of them can unilaterally sever the joint tenancy without informing the land registry".  Can you clarify what you mean here?

Yes, you have to make the change with the land registry but it only needs one of the owners to do so.

I see.  So it means you aren't tied into a joint tenancy if you don't want to be.  That you don't have to need the permission of the other person to dispand the joint tenancy and change it to "tenants in common".  Makes sense.  Like one person giving notice on an AST where there are more than one tenants named on the contract.