land registry entry

Lestar1

Hi
We are having trouble trying to find out if a transfer of a share of a property has been completed on a deceased relatives property.
I have attached a redacted entry. If there was more than 1 owner would they both be listed under the registered owners section in the summary? Should the transfer of the share of the property be shown in section B where a sale would normally be?  

jimbog

The @Land_Registry rep will be able to help with this 

TBG01

Section B shows the registered owner(s)

The register doesnt show how the property is held other than showing it's held as either joint tenants or tenants in common.

If the latter, the shares are documented on the Transfer Deed or a Trust Deed etc.

The register shows the register as of today's date. It doesnt document previous transfers etc.

Land_Registry

As posted the B PROPRIETORSHIP REGISTER would confirm the current legal owner(s)
No mention of the actual Transfer would be made and nor would there be any previous ownership information - the B register purpose is to show the current legal ownership and not the historical details.
The legal ownership is always transferred as a whole. If there were two registered owners and they wanted to 'transfer a share' then they would both transfer the whole of the title/property to just the one. 

Lestar1

Thanks for the responses.
Is there any way of finding the history of any transfers of part ownership?
The house should have been owned 50% each by a mother and son. The mother died a while ago and it looks like it was never transferred to son. now son has died and this is causing issues.

Land_Registry

Lestar1 said:

Thanks for the responses.
Is there any way of finding the history of any transfers of part ownership?
The house should have been owned 50% each by a mother and son. The mother died a while ago and it looks like it was never transferred to son. now son has died and this is causing issues.

As I posted there are no 'transfers of shares' but if you think for example two people once owned it and then transferred to just the one you can contact us to enquire further - Public guidance: dealing with land and property - GOV.UK

Keep_pedalling

Lestar1 said:

Thanks for the responses.
Is there any way of finding the history of any transfers of part ownership?
The house should have been owned 50% each by a mother and son. The mother died a while ago and it looks like it was never transferred to son. now son has died and this is causing issues.

How did the son obtain 50% ownership? If it was by inheriting from his father’s will there really should not be a problem even if nothing was changed on the LR. Did the son live there?

Lestar1

Yes, son inherited 50% ownership from his father's will. the solicitors dealing with the mothers estate were not been very good and I am  now stuck dealing with son's estate. Yes son lived there but I am worried that if land registry doesn't show his name then we will have trouble showing that he owned house.  I know that there is a paper trail but I am trying to find out if we have to update land registry before we can sell the house from his estate.

Keep_pedalling

Lestar1 said:

Yes, son inherited 50% ownership from his father's will. the solicitors dealing with the mothers estate were not been very good and I am  now stuck dealing with son's estate. Yes son lived there but I am worried that if land registry doesn't show his name then we will have trouble showing that he owned house.  I know that there is a paper trail but I am trying to find out if we have to update land registry before we can sell the house from his estate.

You should not have to update the LR to sell the property, but you will possibly need to obtain probate for one of the son’s parents if that was not done at the time.

Did the father’s will give his wife the right to remain living in the property?

Did his mother leave her share to the son as well? 

Was probate applied for either the son’s parents?

Land_Registry

Lestar1 said:

Yes, son inherited 50% ownership from his father's will. the solicitors dealing with the mothers estate were not been very good and I am  now stuck dealing with son's estate. Yes son lived there but I am worried that if land registry doesn't show his name then we will have trouble showing that he owned house.  I know that there is a paper trail but I am trying to find out if we have to update land registry before we can sell the house from his estate.

You need to separate the legal and beneficial ownerships
The former is what’s registered. Who is named as the registered legal owner? That explains who can sell
The latter involves the wills, trust and shares you refer to but that impacts on what happens after the property has been sold and you have £s and pence to split