Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer of Deeds and Names on Title Deeds of any House / Apartment / Flat.
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 2 . . .
Transfer of Deeds or Names on Title Deeds
Trusts
When all the trustees of a registered Property or of a Mortgage or Charge have died, the personal representatives of the last survivor are normally entitled to deal with the Property as variously described above.
When there is a restriction in form A in the Property Deeds, Land Registry will normally only cancel it upon registration of a transfer on sale. Since they cannot usually register such a transfer without the restriction being complied with, it will generally be necessary for new trustees to be appointed before the registered Property, held by a sole personal representative on a pre-existing trust of land, can be sold, unless it is a trust corporation. This also applies to any other disposition of such registered Properties under which capital money arises.
To remove a form A restriction from the Property Deeds where the deceased had become the sol beneficial owner and the personal representative is, therefore, in a position to give a valid receipt for capital money.
Removal of a restriction in form A from the Property Deeds
The survivor of joint proprietors of the registered Property, registered without any restriction, is entitled to dispose of the registered Property and give a valid receipt for the purchase money. However, when joint proprietors are holding the registered Property as tenants in common this, or a similarly worded restriction will appear:
"No disposition by a sole proprietor of the registered Property (not being a trust corporation) under which capital money arises is to be registered except under an Order of the Court"
When the above restriction appears in the Property Deeds and the number of joint proprietors has been reduced to one, Land Registry can never cancel it as a matter of course.
A surviving joint proprietor may apply to cancel a restriction in form A by using:
- form RX3; accompanied by
- adequate evidence of the equitable title proving that the sole survivor can give a valid receipt for capital money arising on a disposition of the registered Property.
The kind of evidence Land Registry will usually accept would consist of a statutory declaration or statement of truth by the sole surviving proprietor that, in the stated circumstances, such as by virtue of the terms of the Will of the deceased joint proprietor:
- the declarant has become legally and beneficially entitled to the whole of the Property in the registered title;
- has not incumbered his or her undivided share, and
- has not received notice of any incumbrance on the undivided share(s) of the deceased joint proprietor(s).
Instead of a statutory declaration or statement of truth, Land Registry can normally accept a certificate to this effect from the Conveyancing Solicitors and Property Lawyers acting for the surviving proprietor if they are able to speak from personal knowledge of the facts.
Conveyancing Solicitors and Property Lawyers will need to support the statutory declaration or statement of truth or certificate with any documentary evidence available, such as an assent in respect of the undivided share(s) of the deceased joint proprietor(s) in favour of the sole survivor.
If all the registered proprietors have died, the personal representatives of the last surviving proprietor can make a similar application adjusting the terms of the statutory declaration, statement of truth or certificate according to the requirements of the case.
General Information
Fees:
Conveyancing Solicitors and Property Lawyers can pay by cheque or postal order made payable to 'Land Registry'. In addition, when visiting one of the Land Registry offices the Solicitors can pay by cash or credit / debit card.
Forms:
All the forms mentioned are available from law stationers, or can be downloaded from various websites.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers on Transfer of Deeds or names on Deeds 4)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
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Manchester
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