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Legal estates and beneficial interests: what's the difference?

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A pattern of fields in contrasting colours.

Customers frequently ask us about the difference between the legal estate and the beneficial interests in land. It can be a complex topic and the aim of this article is to provide what I hope is an easy to understand overview of the distinction between the two.

HM Land Registry registers only legal estates and the proprietor is registered as the owner of a legal estate. The register records the ownership of the legal estate in the property, not the underlying ownership (the ‘equitable’ or ‘beneficial' interests). Accordingly a person dealing with registered proprietors can generally assume they have unlimited power to dispose of the property, unless there is a restriction or other entry in the register limiting their powers.

The owner at law may not be the same person as the beneficial owner. A beneficial owner is a person entitled to the benefit of the land and on their death the equitable interest may not pass in the same way as the legal ownership does. The register does not guarantee that the proprietor is the beneficial owner and that they own the land for their benefit.

So, what is the difference?

The legal estate

The term ‘owner’ in relation to land is generally understood to mean the legal owner and is normally the registered proprietor. When two or more people are registered as proprietor of the land they are known as ‘joint proprietors’. Their legal ownership of the land is truly ‘joint’ as the legal estate cannot be divided between them and each person cannot own a percentage share in that legal estate. There is no physical division in the land. When one joint proprietor dies, the legal estate in the whole of the land automatically vests in the surviving joint proprietor.

The equitable or beneficial interests

Think of the beneficial interests as being what the land turns into when sold – money. Money can be divided. Unlike the legal estate, the beneficial ownership can be split into equal or unequal shares. For example, a couple may have purchased a property with one contributing £25,000 and the other contributing £75,000, on the understanding their contributions would give rise to a beneficial interest for each of them in the land of 25% and 75% respectively.

Joint proprietors always own the registered estate on trust. A trust in land is the relationship between the legal owner(s) and the beneficial interest in the land. They can either hold it on trust for themselves or on trust for a third party.

If they hold it on trust for a third party this means that they, as legal owners, are not entitled to the equity at all and must pass this on to the person beneficially entitled to it. An example of this would be where parents are the registered proprietors of a property but they are holding it on trust for a child to whom a grandparent has left it to. Although the parents are the registered legal owners, they are not entitled to keep any monies from the sale of the property as the child is entitled to that. They are holding the property as trustees for the child.

If they hold it on trust for themselves, this means no one else has any beneficial interest in the property. They may have unequal interests, as in the example above, but they are the only ones with those interests.

Parties who hold land on trust for themselves can do so in two ways – as joint tenants in equity or as tenants in common. Remember, this still relates only to the beneficial interest.

Joint tenants in equity

If an equitable joint tenancy exists, the beneficial interest of any joint tenant (proprietor) will pass on death to the surviving tenant. The last survivor will then hold the land as sole legal and beneficial owner and, as a result, the trust will come to an end. On a sale of the land that person will then be entitled to receive the whole of the purchase money.

Tenants in common

Some people may not want their interest in the land to vest in the surviving tenant. If they decided to hold the land as tenants in common, on their death their share would vest in the beneficiaries under their will, for example, their children or relatives. If the property was subsequently sold following the death of one of the proprietors, a second trustee would need to be appointed to sell it. This is because the purchase price needs to be paid to at least two trustees in order for the beneficial interest to be overreached. The trust would then attach to the proceeds of sale and the purchaser would take the property free from any trust.

Protection of beneficial interests

You may be wondering how anybody would know whether a legal owner is holding a property on trust or not. Under the Land Registration Act 2002, a restriction can be entered in the register of any property or land by anybody who has a sufficient interest in it. As well as generally safeguarding the interests of the beneficiaries of the land, restrictions may also control or limit the trustees’ powers in dealing with the property or land.

The duty of applying for any necessary restrictions falls on the trustees, though a beneficiary under the trust may also apply. There is one circumstance where the registrar is obliged to enter a restriction without an application. That is when registering two or more people as joint proprietors of a registered estate and there is no evidence to show they are holding it on trust for themselves as beneficial joint tenants.

Where more than one party has an interest in a registered estate, the general rule that decides the priority of each party’s claim is that each interest ranks in accordance with the date of its creation. Someone with an existing interest will not be affected by a later disposition. However, there is one important exception. Someone who acquires a registrable disposition for value will, by registering their interest, postpone the priority of any other interest that has not already been protected in the register.

Although the Land Registration Act 2002 reduced them, there are still some interests which can bind someone even though they bought the land for value and the interest is not recorded. These are known as ‘overriding interests’ and more information in relation to these can be found in Practice Guide 15.

Further information on this topic, in general, can be found in Practice Guide 24 which covers private trusts of land and Practice Guide 19 which deals with how beneficial interests can be protected.

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  1. Comment by Jeffrey Shaw posted on

    You refer to 'overriding interest'.
    But I think that the terminology is wrong.
    Under LRA2002, aren't these now renamed 'interests that override'?
    [Don't blame me for pedantry; it was you who changed the terminology!]

    ‘overriding interests’
    ‘overriding interests’

  2. Comment by adamh posted on

    Simon - the law can be very complex around such matters and we can't really comment other than to the extent covered in the article. If you have a specific situation then it's legal advice you need. PG4 explains how land/property can be registered following a successful claim

  3. Comment by Martin Dixon posted on

    If we are being pedantic.... "unregistered interests which override" ....... ..

  4. Comment by Kim Basham posted on

    My parents are joint owners of their property. They were only able to secure a mortgage (they were both in their late 60s at the time) by having my husband act as guarantor. My husband and myself have always paid the mortgage and management fees. This has been going of for 25 years. My parents are now very elderly. Can we at least protest the money we have paid over the years if the property has to be sold to pay for their care?

    • Replies to Kim Basham>

      Comment by adamh posted on

      Kim - not something we can advise you on I'm afraid. I would suggest seeking legal/financial advice to ascertain whether you can protect the money. If you can then there is likely to be a way of adding an entry to the registered title in the form of a notice or restriction.
      But it's knowing whether the monies can be or are protected that needs to be clarified first.

      • Replies to adamh>

        Comment by Kim Basham posted on

      • Replies to adamh>

        Comment by Trav posted on

        Does anyone know where/how I can view past decisions of cases where someone has stated they have a beneficial interest in a property, soley owned by another person please?

        • Replies to Trav>

          Comment by AdamH posted on

          Trav - I assume you mean case law, so action taken through the courts, re such matters. If so then there are a number of online services for making such searches. If you mean cases we have handled then we do not record 'cases' in that way. Records are kept with regards specific land/property rather than the subject matter involved.

          • Replies to AdamH>

            Comment by Trav posted on

            Thanks Adam, I am just trying to get an idea of possible outcomes for my hearing at the first tier land reg tribunal where an x partner has applied for a restriction on my property, claiming he has a beneficial interest in it. I just wanted a "feel" for their decisions in these types of cases. And an idea of what to expect at the hearing.

          • Replies to Trav>

            Comment by AdamH posted on

            Trav - In the absence of any prior agreement between the parties, the tribunal will either direct HMLR to complete the application to enter the restriction on the register, or cancel the application and not enter the restriction. They will consider all evidence available to them before making the decision and hear any oral evidence from both parties. We cannot comment on individual cases as once a matter is referred to the tribunal, HMLR have no further involvement until an order is made.

            Further information on the tribunal process can be found here:

  5. Comment by Ian posted on

    Stef - you refer to the sale of your beneficial interest in the property, but this is distinct and separate from the registered ownership which we mainly deal with. So in simple terms, your name can be on the deeds as registered owner, but you may not necessarily hold a beneficial interest in the sale proceeds.

    The issue of any beneficial interest in the property will no doubt have to be considered and dealt with as part of the divorce proceedings and this is essentially a legal matter. If you have not already done so, I would suggest considering getting your own legal advice from Citizen's Advice or a conveyancer such as a solicitor, who should be able to offer advice on your legal position and the best way to proceed. There are also charitable organisations who may be able to give advice on the implications of your insolvency.

  6. Comment by Bill James posted on

    Is it possible for an qwner of a property to give the beneficial rights to the income from the property to his wife. Thus she takes the income and pays tax and the owner takes nothing in return. I am thinking of a furnished holiday property

    • Replies to Bill James>

      Comment by adamh posted on

      Bill - something you need tax/financial advice on. It's not a subject we deal with

  7. Comment by Amy Higgins posted on

    If a beneficial interest cannot be overreached because there is only one legal owner at the time that the property is sold, once the trustee sells the property, would the beneficiaries equitable interest remain in the land? And if so would the equitable interest be binding on the new owner (and the trustee be free from any obligation)? If there is no restriction to protect the beneficial equitable interest, what can the beneficiary do?

    • Replies to Amy Higgins>

      Comment by adamh posted on

      Amy - we deal with the legal ownership primarily rather than the beneficial one so the advice we can give is quite limited. But the beneficiaries interest will be in the proceeds of the sale so I can't see how it would remain in the land if the legal ownership has changed. If the seller won't play ball then it's legal advice/action you need to consider

  8. Comment by Lucy posted on

    I have been told I hold a beneficial interest in a property (holiday home) purchased by myself and ex (I contributed half of the deposit) I'm not on the deeds, though I was promised that this would happen, and it never did. Court is prohibitively expensive, I need to protect my interest... if I apply for a restriction will this help me, and can I pass this restriction to my protect my interest? Any advice re ways forward. Thanks

    • Replies to Lucy>

      Comment by ianflowers posted on

      Lucy - This isn't something we can advise on as we essentially have an administrative role in considering registration applications once they are made to us. It appears you need to (a) ascertain whether your interest is one that can be/ is best protected by a restriction or by some other type of application, (b) whether you have the right sort of evidence to support your interest and (3) what type of restriction is most appropriate in your case. If you are unsure how to proceed on these points, you may want to consider getting some independent legal advice, e.g. from Citizen's advice or a conveyance such as a solicitor.

      I can confirm that where a restrictioner had died there is a process for transferring the interest to a personal representative. A independent legal adviser would be able to give further information about this.

  9. Comment by Stephanie posted on

    If a right in a property register states that "the rights are included in the registration only to the extent that they are legal and not equitable rights" - what is the effect/ implication of this?

  10. Comment by Clare S posted on

    So if a property is held as joint tenants by four people (they all contributed equally to the purchase price) however one of the four wants to now sell her share. She sends a notice to the others - how is the property then held as far as the joint ownership is concerned?

    • Replies to Clare S>

      Comment by AdamH posted on

      Clare S - we register the legal ownership so nothing changes until there is a Transfer of that ownership. IN your scenario that would be a form TR1 by all 4 to the new legal owners. The register is not the definitive record of how you hold the joint ownership as explained in our online guidance Notifying the other 3 legal owners of your wish to sell would not, as far as I am aware, change how the joint ownership was held.

      • Replies to AdamH>

        Comment by Jim posted on

        As far as I am aware, your notice would sever your joint tenancy and you would would be tenants in common with the other parties, who remain joint tenants for the remainder of the property.

        i.e. On an equal basis, you become a 25% equity tenant in common and the others share 75% as joint tenants (although they are collectively a tenant in common with you.

        • Replies to Jim>

          Comment by Sharon Davis posted on


          You can not sever on joint tenancy without the agreement of the co owners or the court forces the sale. One owner however can sell their equitable title which means they wouldn't benefit on the monetary side but they would still have a say over the property and what is done with it legally.

          • Replies to Sharon Davis>

            Comment by AdamH posted on

            Sharon - you can sever the joint tenancy without the agreement of the other joint owner

          • Replies to Sharon Davis>

            Comment by Sharon Davis posted on

            Hi Adam, sorry let me reword that. You can sever and become a TIC but you can not dispose of the legal title. Only a sale or a change in conyence will do that. All parties must agree.

          • Replies to Sharon Davis>

            Comment by AdamH posted on

            Sharon - understood. The legal title, which we register, would need both joint owners involved if there was a sale. The legal title cannot be split. The TIC aspect relates to their beneficial ownership, which can be split

          • Replies to Sharon Davis>

            Comment by Sharon Davis posted on

            Hi Adam,

            Question if your able to help? If there is a concurrent ownership Joint Tenants between 4 siblings and one of the siblings wish to mortgage part of the property. Is this severance? And will notice have to be expressed to the other joint tenants before a mortgage is granted? Thanks

          • Replies to Sharon Davis>

            Comment by AdamH posted on

            Sharon - you can't split the legal ownership as mentioned previously so that also means one of four legal owners can't mortgage their part for example. A mortgage is a secured loan registered as a legal charge against the property/legal title. To mortgage the title all registered owners have to charge the property as part of the terms of the actual mortgage/legal charge.

          • Replies to Sharon Davis>

            Comment by Sharon Davis posted on

            Thanks Adam. Would borrowing the money for a mortgage of one of the siblings change that. So one of the JT borrow a mortgage/loan from one of the other JT?
            Thanks for your assistance

          • Replies to Sharon Davis>

            Comment by AdamH posted on

            Sharon - I don't follow the scenario you are describing and as mentioned a mortgage/legal charge would not be created unless all JTs were borrowing/securing the loan against the legal title.
            We only record a severance IF an application is made to register it so whilst we can confirm when an application is made to register say a form A restriction severance can still occur and no such application made. As such I would suggest you seek legal advice as to how any actions might impact on their beneficial ownerships

  11. Comment by Gus posted on

    I was left a life interest in the property in 2011 by my late partner, since 2012 it's all been going through courts due to members of family and money removed from house by my late partners children which they did deny taking until the court day and have never declared the true amount, 2014 judge said house should be put in my name so I can move on with my life and when I pop off it goes back to his family, now after another recent hearing I have been told by Same judge who has now done a U turn and says house has to be sold to pay off estate debt to IHT and New Executor money, ( very complicated situation) and there is more to this than what I can say here. Can I register an interest in the home I live in and have done for last ten years? Any advice be great thank you

  12. Comment by James Groves posted on

    You mention that when one person dies of two legal owners the remaining person holds the legal estate on their own. What happens when that person dies?

    • Replies to James Groves>

      Comment by AdamH posted on

      James - the property forms part of their estate so their executor(s) then deals with it as appropriate and according to how the beneficial interest of both owners was held. The legal and beneficial ownerships are quite distinct and the latter invariably deals with the value of the property as that can be split/shared. The simplest way to describe it is that the legal ownership which we register cannot be split as land/property and bricks & mortar can only be split/shared if you physically divide them

      • Replies to AdamH>

        Comment by James Groves posted on

        Therefore, as both legal estate holders have died, does the legal estate held by the second owner pass to someone else i.e one of the beneficiaries or if there were say three beneficiaries, all three?

        • Replies to James Groves>

          Comment by AdamH posted on

          James - if both registered owners have died then the legal estate normally forms part of the estate of the last to die. Probate is then required and the named executor(s) then deal with the legal estate according to the deceased's wishes, which may also include the other owner's estate as appropriate

  13. Comment by Luke posted on

    Is this a bit like how sporting rights can be severed from the ownership of the land? The beneficial interest can be severed from the legal estate?
    If no severing has taken place, then the estate owner is also the beneficial owner?
    In the case of an adverse possessor granting a lease of his land, can the lessee register a land charge because LR has rejected his application for first registration?


    • Replies to Luke>

      Comment by AdamH posted on

      Luke - you have linked sporting rights to severance and adverse possession and they are not linked in the way suggested. We deal with legal ownership and severance affects the beneficial ownership and an 'estate' is a term usually used to cover the combined legal adn beneficial ownerships e.g. a deceased's estate will include both
      If the lessor does not have unregistered title to the land then a land charge would not appear to be an option but I would recommend seeking legal advice on and answers to oyur various questions

  14. Comment by Bonny posted on

    Mrs J was made bankrupt in July 2015 and discharged in July 2016. In March 2017 Mr J paid the Trustee in Mrs J's bankruptcy estate for her 50% of the equity on the family home, and the Trustee assigned it to him - so from that time onwards Mr J owned 100% of the beneficial interest.

    Mrs J was made bankrupt again in November 2017, and when the new Trustee enquired into her assets she stated that she had no beneficial interest in the family home. The Trustee stated that her husband's possession of 100% of the equity applied only to her previous bankruptcy, and that with the new bankruptcy the beneficial interest was reset so that she and her husband once again possessed 50% each, and that he (the new Trustee) intended to realise that 50%.

    Was the new Trustee correct that the assignment of what had been her share of the beneficial interest to her husband applied only to the previous bankruptcy?

    If she had not been made bankrupt ever again would there have come a time when her husband's possession of 100% of the equity in the family would have ceased for any reason other than his assigning part of it to her by himself?

    • Replies to Bonny>

      Comment by AdamH posted on

      Bonny - we can't advise you on such issues I'm afraid and you should seek legal advice.

  15. Comment by John posted on

    I bought a house but registered it in my daughter's name, as I did not want my own name on the deeds. My daughter owns no other property and never has. Is my daughter now eligible to qualify as a 1st time buyer for the incentives available via the government's Lifetime ISAs and/or Help-To-Buy ISAs or has she lost that right?

  16. Comment by Andy posted on

    My late grandmother as trustee of a flat
    Died in 2002. Was bought by my father who predeceased her. He left his will to his partner who claims the flat.
    The flat was never transferred in name but as I’m the only son of my father I entered a caveat. Fathers partner not married has no interest in my grandmothers estate but I was told that I should deal with it to then transfer title over in ocordance to the trust.
    I was under the understanding that a full grant was needed to do this but the other side has now title of the property from the limited grant. Is this correct

    • Replies to Andy>

      Comment by AdamH posted on

      Andy - once probate is obtained then the executor can deal with the legal ownership of the property if it formed part of the deceased owner's estate. We can't advise oyu on how an estate may be dealt with and or limited/full grant of probate and I would recommend you seek legal advice

  17. Comment by Ian H posted on

    I lent money with security to a company, but the quoted security was much exaggerated. Now that company, insolvent of course, wishes to transfer its remaining valuable assets (a right of way ) There is a value declared in a TP1 section 9 of nothing. But the right of way is potentially very valuable.
    Is there any case law about how accurate the figure in section 9 is supposed to be- when we are entitled to rely on the conclusiveness of the LR?

    • Replies to Ian H>

      Comment by ianflowers posted on

      We essentially have an administrative role and in land and property transactions, we record the consideration/value declared. This is not a recognition of its validity, but merely a record of the transaction. As to case law, that is something on which you'd need to consider taking legal advice on.

  18. Comment by Gordon Cook posted on

    My mother remarried and both her and her husband (also remarried) left their share of the house (50/50) to their children and free life rent to the surviving partner in the house until death or the property is sold. I am also the executor of my mothers Will and have the title deeds to the property and they state the property gets left to the surviving partner.
    My solicitor has said this overrides the Will and the property does not form part of her estate any more as the Title Deeds override the Will. Is this correct (Scots law) because if so it looks like the Solicitor who wrote the original was negligent as both my mother and her husbands Will read the same - both contradicting their Wills?

    • Replies to Gordon Cook>

      Comment by AdamH posted on

      Gordon - that won't be something we can advise on I'm afraid as we deal with land/property in England and Wales. Scotland is dealt with by the Registers of Scotland.

  19. Comment by yvonne elliott posted on

    My mother owned a property held jointly as tenants in common with my brother, when she passed away, her share 50 per cent of the property was left in her will as two thirds to my son and one third to my brother. My brother refuses to sign to allow my son to put his name on as the other tenant in common, what can I do?

    • Replies to yvonne elliott>

      Comment by AdamH posted on

      Yvonne - it's legal advice you need here. If they were tenants in common then hs interest in her 50% share of the beneficial ownership may already be protected. Transferring the legal ownership into their joint names is in my experience an option but I would recommend seeking legal advice as to how his interest is already or can be protected

  20. Comment by Bumpy posted on

    A piece of land is owned by person A who's name is on the Land Registry document.

    Person A makes person B the sole beneficial owner of all the land, though person A's name remains on the Register

    If a third party puts a charge on the land for a sum of money, who is responsible for paying it, person A or person B?


    • Replies to Bumpy>

      Comment by ianflowers posted on

      Bumpy - We register the legal rather than the beneficial ownership. Regardless of the beneficial ownership, any registered interest would be against the legal title and the legal owner.

      • Replies to ianflowers>

        Comment by Bumpy posted on

        Thanks Ian

        If the legal owner (A) is a bare Trustee then they have no legal obligation to pay any charges that may be levied. I guess then they forward the charges to the Sole Beneficiary (B).

  21. Comment by Merry Midwife posted on

    A friend has been recently widowed. She and her late husband were registered as tenants in common for the property in which they lived and had a mortgage on.
    The will of her late husband left his half of the property shared equally between their two daughters but in trust until they are both 25 yrs old.
    Do the names of the trustees now need to be entered onto the title deeds?

    • Replies to Merry Midwife>

      Comment by AdamH posted on

      Merry M - that is entirely up to the widow and to some extent the daughters. The legal ownership has passed to the surviving joint owner so whether she now transfers it is an option rather than a need. I would recommend reading the linked guidance referred to in the blog article and then seeking legal advice as to how best to approach this. Other factors are often taken into consideration such as the age/health of the widow, whether the daughters already own their own homes, their respective wills and so on all of which are quite separate from the legal ownership which we register but can impact on the decision to leave as is or transfer the legal ownership for example

  22. Comment by Desperatelyconcerned posted on

    Hello Four family members put an equal share of monies to buy a council house lived in by all but of late 2000 by one of the four ie ageing parent. One of the siblings subsequently returned home and moved back in has not paid rent to the other two siblings and has now been given the ageing parents share so owns 50per cent of the house. Feathering her nest so it seems. The other two siblings are now left wondering what position they are in re security of their interest in this property when ageing parent passes away Any help or forms to read and fill out would be very helpful regards regards registering their interests formally

    • Replies to Desperatelyconcerned>

      Comment by AdamH posted on

      DC - I would recommend you check and confirm what is registered and then seek legal advice. The register will confirm the legal ownership but your focus may be on the beneficial ownership as you refer to 50% share here and they all put in monies to help buy the property. Such beneficial interests can be protected on the register as the article explains but it's really an understanding of both the legal and beneficial ownerships and how the ageing parent's share has been dealt with that you need legal advice upon here.

  23. Comment by Eric Beaumont posted on

    My wife and I are living in a house purchased via a mortgage taken out by our daughter. We paid the deposit and costs and are funding the mortgage repayment. We should shortly be in a position to provide funds for the mortgage to be redeemed and we are thinking in terms of doing this and then my daughter transferring title to us by Deed of Gift but we understand that there is likely to be a Capital Gains issue. Could we establish Beneficial Ownership as an alternative and would it be a sensible way forward? I dont expect tax advice

    • Replies to Eric Beaumont>

      Comment by AdamH posted on

      Eric - we can't advise you on CGT issues or how to deal with the legal or beneficial ownership. I would recommend seeking legal advice, contacting your local CAB or indeed HMRC, or try online forums such as Money Saving Expert where such matters can be discussed

  24. Comment by Eric Beaumont posted on

  25. Comment by Steven posted on

    My partner at that time and I brought a house 2002. I paid the whole deposit. She strangly, only put her name on the title deeds. We had two children together. She moved to Kenya 5 years after, taking my two girls which is fine. I continued to stay in the family home till present paying all bill solely and mortgage. She now wants to sell the house put me on the street and not give me a penny. Clearly, I must have some beneficial interest within this property

    • Replies to Steven>

      Comment by AdamH posted on

      Steven - it's legal advice you now need as t what interest you have and how bets to protect it. We can only provide the registered information and general advice around what happens to a registered title in any given circumstances. If you have a beneficial interest or any rights then that is something a solicitor can assist you with

  26. Comment by Tom posted on

    Hello, how can I protect my beneficial interest in a property which hasnt been registered, and I am unable to provide the letter of severance which was created.This case is more complicated than the question suggests, but they are the main points of contention. Many thanks, Tom

  27. Comment by Soo posted on

    Hi there,
    Can I apply to have my recently deceased father's name removed from the register when the property is 'tenants in common' with my mum?

    • Replies to Soo>

      Comment by AdamH posted on

      Soo - yes you can using form DJP and a copy of the death certificate

  28. Comment by Fleur McManus posted on

    I have an unusual question wondering if anyone can help at all ...
    We found out when my dad died he had bought a property with a partner... we didnt know anything about the property... after some digging and talking to the solicitor that helped purchase ...his name is on the title deeds but we dont think he actually but any money into it.... where does that leave us?

    • Replies to Fleur McManus>

      Comment by ianflowers posted on

      Fleur - Hi. I am sorry to hear of your loss. As mentioned in the blog, the title document / register does not guarantee that the registered owner is the beneficial owner and that they owned the land for their benefit. However, one of the first steps would be to check whether there is a trustee restriction in the title register indicating the owner(s) held the property on trust. This can be a very complex area of the law and you may want to consider getting some independent legal advice on how to proceed, from example, from Citizen's Advice or a conveyancer, such as a solicitor.

  29. Comment by Andy posted on

    Hi I went bankrupt in 1994 at that time the receivers put a restriction onto the Land Registry. I have never had any further contact with the receivers until we applied to remortgage the property when the banks solicitor contacted us to advise us of the restriction, we have so far been unable to find anyone to contact about this due to the time lapse. Is there anything that we can do to remove this restriction.
    Many thanks

  30. Comment by Sarah Brown posted on

    My mother bought a flat and it was registered in her and my names as "joint tenants" in 2012. She provided all the funds and we both signed a document for the solicitor stating we both know if one of us dies, the other will then own the flat. The flat has been tenanted since then. I have always managed it, with the rent paid into my account, and I paid all the taxes on that rent. I was always the child who took her to all her medical appointments, dealt with her paperwork, and any leaks, problems in her own residence, drove her to the shops, etc. as my siblings were all too busy. She recently died, and one of my sisters is now saying Mum did not intend the joint flat to be entirely mine, that it should be part of the estate and they should all benefit from it, etc. Her Will did not specifically mention the flat, but just says her assets are to be shared equally between us. Can they force me to "buy them out" or pay all the IHT on it, or sell it? My mother left enough savings/assets to cover all IHT and have plenty left over.

    • Replies to Sarah Brown>

      Comment by AdamH posted on

      Sarah - I'm afraid that's not something we can advise you on and it is legal advice you need here.

  31. Comment by Mike posted on

    My father and his sister owned land as tenants in common. Father died leaving his 'share' to my brothers and i. The new TR1 does not state a percentage, nor the deeds. Does my Auntie automatically keep 'half' the land or does a % need to be stipulated on any paperwork? We were made to understand it would be equal shares.

    • Replies to Mike>

      Comment by AdamH posted on

      Mike - the % split can be recorded in a variety of ways including adding it to the TR1 panel 10. Often such details are agreed in writing elsewhere such as a declaration of trust or wills but that is very much up to the parties involved. If no % is stipulated then it is normally assumed that it was in equal shares

  32. Comment by Aud posted on

    My partner and I jointly bought our home in 1989. In 1993 he was made bankrupt. I bought the beneficial interest from the Official Receiver to stop them taking our home. Do I solely own the property now some 25 years later?

  33. Comment by Chrissy posted on

    The legal owner of a small plot of land (approx value £1000) has it registered as normal at Land Registry. This legal owner then gifts the land into a bare trust where they remain the Trustee, but another party is the beneficial owner.

    Is it OK for the new trustee/old owner to leave the entry as it is in the Land Registry?

    • Replies to Chrissy>

      Comment by ianflowers posted on

      Chrissy - I assume you mean the entry as registered owner without the appropriate trustee restriction? As mentioned in the blog, the duty of applying for any necessary restrictions falls on the trustees, though a beneficiary under the trust may also apply. We essentially have an administrative role in registering rights and interests in land based on the applications made to us, but sections 2.1.3 -2.4 of our Practice Guide 24 refers some of the requirements placed on trustees under the Trustees Act and the Law of Property Act - The guide is written for legal professionals and may therefore contain some unfamiliar terms.

      If you are still unsure of the position, you may want to consider getting independent legal advice, for example, from Citizen's Advice or a from a conveyancer, such as a solicitor.

  34. Comment by John G posted on

    My wife and I own our house and are the registered proprietors (as tenants in common with a 50% each share). We are separating amicably and do not intend to go through a divorce. Her plan is to move out of the area to be closer to our daughter and grandchildren. She intends, eventually, to buy a property using our savings.

    Is she able to transfer her share of our house to me as a gift using form TR1?

    A restriction on the Title states ' 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.'

    Would this restriction have any relevance to the intended transfer?

  35. Comment by Scott posted on

    What about a property in a Lawful trust, must the General Executor notify you of this to have the property removed from registration with the LR?

    • Replies to Scott>

      Comment by AdamH posted on

      Scott - what do you mean by 'removed from registration with the LR'?

      • Replies to AdamH>

        Comment by scott posted on

        What I mean is removed from registration. Anything registered is not yours, I'm now in a private estate held in trust so I want to deregister my property.

  36. Comment by Jane M posted on

    Where can I find a definition of capital monies. If a deed of easement is granted for the consideration of £100 which relates to costs is that capital money so as to require a second trustee to be appointed?

  37. Comment by Kathleen Thompson posted on

    Can you please advise Sir Hedworth Williamson gifted land to the people of Sunderland to use for recreational purposes. The local council transferred the deeds to Sunderland University who are now selling the land to Miller Homes for millions to build houses on. The fields are used everyday by visitors and residents. Is this legal ?

    • Replies to Kathleen Thompson>

      Comment by AdamH posted on

      Kathleen - we cannot advise you on the law and I would recommend you seek legal advice

  38. Comment by John Red posted on

    Good afternoon,

    Is there any way of protecting a beneficial interest if the land is unregistered?

    I do not think this allows a caution against first registration and I cannot register a property alert either as the land is unregistered.

    Is there a land charge that can be put on or anything else that can be done? I could not see this covered in either of PG18 or PG24

    Thank you in advance


  39. Comment by tony longman posted on

    I need to complete Form TR1 to deal with the transfer of a freehold property by the executors of an estate to three individuals who are trustees of a life interest trust set up by the deceased's will. How do I record the trustees as holding the property in this capacity?

    • Replies to tony longman>

      Comment by ianflowers posted on

      Tony - We essentially have an administrative role in registering ownership and other interest in land based on the applications made to us. We cannot advise on the action to take and if you're unsure how to proceed, we would suggest considering seeking independent legal advice.

  40. Comment by Shelley posted on

    An Ancillary Relief Order has been made in A's favour under the Matrimonial Causes Act 1973 that B's property (of which B is sole proprietor) stand charged in A's favour in the amount of x% of the gross sale of the property. Presumably, this is an equitable charge over B's beneficial interest so a Restriction should be filed in form RX1, but I'm unsure which standard form should be used - Form A or Form II?

  41. Comment by Janet Wickett posted on

    My parents divorced yet remained joint, equal owners of a plot of land.
    My Mum died and all her estate was left to us, her 3 children in her will.
    My Dad died just over a year later leaving no will. He is survived by his wife and no children.
    Does this mean that we are joint owners of the land with my step mother? Or does this make her the sole, legal owner?

    • Replies to Janet Wickett>

      Comment by AdamH posted on

      Janet - the legal ownership passes to the surviving joint owner and on his death forms part of his estate. The beneficial ownerships of each are somewhat separate so something to now discuss and resolve between you and I would suggest getting legal advice on how inheritance, wills (or not) and beneficial ownerships work.
      From a purely registration perspective any change to the legal ownership would be carried out by the executors/administrators for your Dad. To that end, and in the absence of a will, they would need to apply for Letter of Administration (similar to probate) in order to deal with his estate and the land ownership. Once obtained they can then sell or transfer it as required and as explained in the blog article, and in accordance with any will, inheritance etc

      • Replies to AdamH>

        Comment by Janet Wickett posted on

        Thank you Adam. The next step is going to be difficult as my Dad was going to transfer ownership to us, but he sadly died before completing this. His wife did say she would honour his wishes but this is now looking unlikely.

        • Replies to Janet Wickett>

          Comment by AdamH posted on

          Janet - understood and as such it is very much legal advice you now need as to how best to approach this and what rights each of you have for example

  42. Comment by Joanne wright posted on

    My neighbours own their freehold property free from mortgage as tenants in common ( they both have adult children from their respective first marriages)
    The husband passed away some years ago, meaning the legal estate then vested solely in the wife.
    The children of the husband said it would be a good idea to transfer the legal estate into the surviving wife and his children’s names (despite them having the form A restriction which already protected their interest).
    The wife is now worried that the children are going to obtain an order for sale as they say it was their dads wishes that they should have their 50% equitable share and they don’t want to wait.
    My question is, if my neighbour had not done the transfer to her and the children, and the legal estate remained in her sole name, could they in that example force her to sell her property? I think she was badly advised in transferring the legal estate in the first place.
    Thank you.

    • Replies to Joanne wright>

      Comment by AdamH posted on

      Joanne - this is something to get legal advice on as you clearly understand the nuances between legal and beneficial ownership and it is quite possible that for those reasons whether the register refers to X or X, Y and Z may not impact on their ability to force a sale. A court, I suspect, would consider their interests based on the will and the actual circumstances as a forced sale is often the last resort but that's a legal matter rather than a registration one.
      If you are looking for wider comment/advice then online forums such as Money Saving Expert can be useful resources but it's still specific legal advice you should seek

  43. Comment by Joanne wright posted on

    Thank you very much Adam for your response, I think my neighbour does need legal advice, and I will also mention the money saving expert forum.
    Thanks again

  44. Comment by Knight posted on

    I have a property that I currently own and reside in. Myself, my wife, my kids and my mother all reside in this property. The property is owned only by me.

    My wife and I are purchasing a new home to reside in. All of us will be moving to this new property and we will be putting our existing home on rent.

    My mother doesn’t work at the moment and wants to be the landlord for my existing property. I would like her to manage the property and keep the rent for herself. However I still wish to remain legal owner of the property.

    How can I make this happen?

    I’ve read things like beneficial interest and Declaration of trust but all the examples I’ve found have used those terms when giving your spouse beneficial interest.
    Does the same thing apply If I give my mother beneficial interest?
    Are there any implications I need to be aware of?
    How do I go about this?

    • Replies to Knight>

      Comment by AdamH posted on

      Knight - very much something you will need to get legal/financial advice on as we can't offer either. The terms you refer to don;t simply apply to a spouse but as that's the most common scenario so often referred to.

  45. Comment by Kwame posted on

    I have a property that a third party (a company) has restriction on-- that upon sale I will pay 5% of the net sale price to the third party . The third party has an equitable interest of 5%. I am trying to secure a loan to extend the lease, but the third party claims that i must agree to pay a fee from the loan before consent can be given. I have looked at the Deed of Trust and nothing mentions paying fee before consent can be given to extend the lease.

    Does third party require fees?

    • Replies to Kwame>

      Comment by AdamH posted on

      Kwame - not something we would be aware of or register I'm afraid so very much something to get legal advice on as to what the Deed of Trust states and it's legal meaning/implications

  46. Comment by Emily Dickson posted on

    If land is transferred to me and my husband without words of severance in the instrument, what type of estate would that be?
    Need the help.

    • Replies to Emily Dickson>

      Comment by AdamH posted on

      Emily - we don't decide what type of estate you hold. We register the legal ownership. If you submitted an application to transfer the ownership to the two of you and the details provided no details as to how you wished to hold the property then we would enter a form A restriction by default and notify the person/firm who submitted the application.
      Entering a form A restriction, either by default or on application, does not define how you then hold the property. It merely demonstrates that an application had been made and a form A restriction registered in specific circumstances

  47. Comment by Hayley posted on

    Is there a minimum/maximum % which can be held by either party?

    • Replies to Hayley>

      Comment by AdamH posted on

      Hayley - no but you would work between 1% and 99%

      • Replies to AdamH>

        Comment by Hayley posted on

        Thank you for your quick response!

  48. Comment by Liz posted on

    Hi Adam

    My ex-husband and I own my property as joint tenants.

    We have recently divorced and have a court order that states that he shall transfer to me "all his legal estate and beneficial interest in the former matrimonial home, subject to the mortgage secured against the property."

    I understand that we need to complete an AP1 and a TR1 and send this to the Land Registry with a copy of the court order to ask for this change to be made. Do I need to do anything else? There is information about an RX3 or RX4 on the Land Registry website but I don't know if we need to complete one of those too, and if so, which one.

    Thanks so much.


    • Replies to Liz>

      Comment by AdamH posted on

      Liz - our online guidance explains how to register such a transfer and if you are doing this yourselves you will also need to have your identities verified as the guidance explains
      Forms RX3 and RX4 relate to the cancellation/withdrawal of a restriction. If you have not checked the register then I would recommend that you do to confirm what entries exists and whether any need complying with for example
      Whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities

      • Replies to AdamH>

        Comment by lrl posted on

        i. Explain how the estate would devolve in both legal and equitable title. 
        ii. Advise Calum and Danum whether they should allow Badum to move back
        into the property. 
        iii. Advise Calum and Danum as to whether there is any threat to their hold on
        the property, or whether any other interested party could force its sale.

        • Replies to lrl>

          Comment by AdamH posted on

          lrl - it’s legal advice you need here. We can’t advise you so I’ve edited out the information provided

  49. Comment by Liz posted on

    Thanks Adam.

    I have the Official Copy of the register of title, and it seems to be the standard wording for when two people own a property together.

    The Proprietorship Register says:
    Proprietor: Me and my ex-husband
    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.

    I think that only the TR1 needs to be done but there are a lot of references on the AP1 form to the RX3 and RX4 which is what is slightly confusing. Perhaps I will just start with the TR1 and hope that removes both his legal and beneficial interest.

    Thanks for your help.

  50. Comment by Release1 posted on

    On her Dad's death, my friend discovered that the family house was registered in the names of her Dad and her brother as co-owners. She wants to put a restriction on the register to prevent her brother from wrongly disposing the house. She has no access to the Will or trust deed yet.
    She needs help to complete the following in RX1 panel 12 regarding sufficient interest:

    Nature of applicant’s interest:
    Details of how the applicant’s interest arose:

    • Replies to Release1>

      Comment by AdamH posted on

      Release1 - we can't advise you on the wording to use or how to prove sufficient interest. You will need legal advice to clarify how the law views her interest and whether it is one that can be protected on the land register

  51. Comment by Helping Hand posted on

    My friend and her late husband were tenants in common for a property they purchased many years ago. On his death, his will he appointed 3 trustees (one being his wife) and also stated that his wife is to be considered the Life Tenant of this or any substituted property. The will states the trustees must always act in the best interests and for the total benefit of the life tenant disregarding all other interests. He left his share of the property to his 2 daughters (from a previous marriage). A Form A restriction is on the title.
    If she sells the property, we are aware that the money has to be split 50/50, one half to her, the other to the 3 trustees. However, someone has told the other 2 trustees, the life tenant cannot use the money that would be in trust to purchase another property and that is must remain sitting in a bank account. Surely this contradicts the wishes clearly stated in his will.

    • Replies to Helping Hand>

      Comment by AdamH posted on

      HH - not something we can advise you on I'm afraid as it relates to the will/trust and we don't deal with such matters. It's legal advice you need

  52. Comment by Irene posted on

    I was awarded the family home at my final divorce hearing in 2014, and it was transferred into my sole name, with my ex husband transferring 'all legal and beneficial interest' to me, and neither of us having any 'legal or equitable interest in the property or assets of the other'. However this was on the condition of a 10% charge being placed on the property, which only became enforceable if I died, re-married, or sold the house.
    Sadly, my ex husband died recently, and my son will be applying for probate on behalf of himself and three siblings.
    Does this 10% now form part of my ex husbands estate, or since I still live in the family home and have not re-married etc, can it just be discharged at the land registry, as the children will inherit the entire property from me when I die anyway?

    • Replies to Irene>

      Comment by AdamH posted on

      Irene - not something we can advise you on and I'd recommend seeking legal advice to clarify.

  53. Comment by Steve Mayhew posted on

    My mother put her house in trust in 2003 The named trustees being herself myself and my sister Mum now has no capacity and both my sister and I held joint Power of Attorney. My sister sadly died in March 2019 and an issue over her trusteeship in the property has come to a head. My sister died intestate and it is being contended that my sister's interest in my Mother's house passes automatically to her husband (my brother-in law) Is this the case or do I need to take legal advice on behalf of my Mother and myself as Power of Attorney and Next of Kin SteveM

    • Replies to Steve Mayhew>

      Comment by AdamH posted on

      Steve - you certainly need wider and legal advice. We can’t advise you on inheritance and intestate law I’m afraid. We register the legal ownership so if that’s in joint names then it passes to the survivor. But the issues you refer to relate to their beneficial ownerships, the trust and inheritance so outside our remit

  54. Comment by Anna posted on

    I bought my house in 1992 and it has always remained in my sole legal and beneficial ownership and I have always been the sole occupant.
    In 2014 I married an older widower who has his own house on which he had (with his deceased first wife) taken an equity release mortgage. Consequently his equity is similar to my own so financially we are 'level pegging'. We could not decide on a substitute property to purchase jointly so agreed to retain our current homes. We have never lived in the same house although we spend time together. I would never make any claim against his property. Can he possibly have any claim against my house? I ask this question because I want to apply for an equity release mortgage in my sole name and, so far, two brokers I have approached have not wished to proceed once I said I am married.

    • Replies to Anna>

      Comment by AdamH posted on

      Anna - it’s legal advice you need here and we can’t provide that. If you are looking for wider online comment then online forums such as Money Saving Expert can be useful resources but your own legal advice is the better option

  55. Comment by Brian Smith posted on

    I am tenant in common in a property and I wish to sell my share. I have been told it's value is based on willing seller willing buyer which could be a lot lower than a %share of the value of the whole property indeed no-one may be willing buy so my share could be valueless unless all "tenants" decided to sell. Is that correct?

    • Replies to Brian Smith>

      Comment by AdamH posted on

      Brian - we register the legal ownership so if the property is sold then all the registered owners have to transfer it. The TIC element relates to the beneficial ownership which can be split.
      We can’t advise you on how you realise your share for example but if you sell or the other owner(s) buy you out then the legal ownership would presumably be transferred as well.
      I’d recommend you seek legal/financial advice as to your options

  56. Comment by Trevor Jones posted on

    I have pods bought out of my pension that was scammed by Berkeley Burke, They have said for years "we don't own the pods at all we are just the trustee's who look after your Pods..Over the years I have been trying to get out of it ..
    They have said for years we don't own the pods yet in March 2019 I got an email from BB stating we OWN your pods and have been asking them for their funds to pay for this £18750. As all together they have had £6000 + in fees (fictitious) and still say we don't own pods
    What can I do as a trustee the funds that come in after BB,s fees of £150+ vat a year they can take all the money and I get nothing ... What can be done to get them as a trustee taken down as they are looking after themselves not me and my pension ....

    • Replies to Trevor Jones>

      Comment by AdamH posted on

      Trevor - I am sorry to read of the difficulties you are facing but can you clarify what you mean by 'pods' please? It's not a term I have come across from a land registration perspective so I wonder if it is something we can usefully comment on here or whether you need to make enquiries elsewhere perhaps?

      • Replies to AdamH>

        Comment by Trevor Jones posted on

        Its Store Pods , I was scammed via Jackson Francis and Berkeley Burke SIPP out of my pension £58k
        So they bought Store Pods from a company called Store?group First ltd..
        In Ellesmere Port, they are self storage units . I had No idea till it all went through. Serious fraud squad and someone else went to court with BB for their scamming but BB went bankrupt in Oct last yr , but remarkably opened Hartley Pensions , and Kim Steel is admin but she is also Director of BB , but according to law "if a company or part company goes bankrupt you can't be a director or run manage any other company !
        On the land registry BB are the main name and me underneath

        • Replies to Trevor Jones>

          Comment by AdamH posted on

          Trevor - thank you fir the explanation but very much something you need to get legal advice on. If you have been scammed then it would be a legal matter

  57. Comment by Simon E posted on

    Hi - I am the executor of my late Dad's estate. He has left the family house to me, my brother and his new wife. She has another house where she lived before they were married. My Dad's new wife can life in the house for awhile and so the family house is to be held in trust for a maximum of 5 years and then sold (earlier at the written request of his new wife) and the money distributed to the beneficiaries. I am a trustee along with his new wife. My Dad and his new wife held the house as Tenants in Common. I think I need to transfer the house into the names of me and my Dad's new wife as trustees and retain the normal restriction for a situation where there are tenants in common. If that is correct is this a relatively straightforward process?

    Any help gratefully received

    • Replies to Simon E>

      Comment by AdamH posted on

      Simon E - it's legal advice you need here to ascertain what the options are and which is best for each interested party. Once you have agreed/decided on what it is you wish to do then it can be a relatively straightforward process but often the registration aspect is only part of that process.
      From a purely registration perspective if the legal title is to be transferred then the surviving registered owner(s) would do that and our online guidance explains how

  58. Comment by Bob posted on

    Hi - my mother and step-father owned a house as tenants in common, 35% and 65% respectively. He passed away last month, and my mother would like to sell the house and buy a smaller one she has seen on the market. Their finances were kept entirely separate, and the 65% will pass by the will to his son, with my mother being allowed to stay living in the house, or sell it to fund an alternative dwelling. My step-father’s solicitor thinks that probate must be granted before a sale could be made. Is that the case, or could my mother proceed to sell the house with a trustee being appointed to protect my step fathers’ sons interests? Thanks for any advice you can offer us. Bob.

    • Replies to Bob>

      Comment by AdamH posted on

      Bob - if the property is registered in their joint names then the legal ownership has passed to your Mother so probate would not be needed for her to deal with the property.
      If a form A restriction is registered, and they often are where the beneficial ownership has been split, then she would need to appoint someone as a trustee to act with her and transfer the title as you suggest.

  59. Comment by Heather posted on

    Can you please link me to your download form to convey property into a Trust?

  60. Comment by Debra Thorpe posted on

    My mother and late father (died December 2019) were tenants-in-common of their house.
    My father has left his 50% share in his will to me and my 3 siblings.
    We wish to register a beneficial interest in the property and understand this can be done either by my mother or each of the 4 siblings. My mother is happy to do this. What form is required please? We do not intend using a solicitor for the process as we think it will be a straightforward process.
    Practice Guide 19 seems largely irrelevant to this situation but I'm struggling to locate the relevant part that directs me to the correct form for my mother to complete.
    I'd appreciate your help.

    • Replies to Debra Thorpe>

      Comment by AdamH posted on

      Debra - you'll note from the blog article that we register the legal ownership rather than specific beneficial interests. Have a read through the blog article and link to the PG 24 on private trusts for example
      There are always a variety of options to consider here as to what is the best way to protect such interests and whilst it can be straightforward we would always recommend that you do all seek some form of legal advice.
      For example one option may be to do nothing at all re the register as your parents applied for and registered a form A restriction when they split their beneficial shares/decided to become tenants in common. But that has to be your decision and that is why legal advice is necessary. Our Practice Guides then explain how to apply to register something once you have decided what it is you wish to register, if anything.

  61. Comment by Yvonne Withers posted on

    Hello, I am in a similar situation to Debra. I have trawled through all the Q&As on the blog and am still somewhat confused. As far as I understand it, even though my siblings and I have inherited dad's half of the property (which mum can live in throughout her lifetime), mum remains the legal owner of the whole property. And that, although we cannot log our beneficial interests in "dad's half" on the register, my siblings and I can opt to log restrictions on the register which would, say, limit mum's ability to dispose of the property without our consent : moreover, if a Part A restriction already exists because mum and dad were Tenants in Common, then that already does this. Is this correct?
    If mum chose to sell the property in the future, and we agreed, would half of the equity automatically belong to us even though we are not the legal owners?

    • Replies to Yvonne Withers>

      Comment by AdamH posted on

      Yvonne - you have broadly understood things correctly as Mum is the sole legal owner but the form A restricts here ability to say sell the property. It does not mean that your consent would be needed in order to register the purchase for example
      If Mum chose to sell the property then she would either need to have the form A removed or she would need to appoint someone to act with her as a co trustee and to take receipt of the capital (purchase) monies.
      The equity/share of the beneficial ownership arises after the sale has completed and the monies have been paid. Your interest would then it seems be in half the value of that equity. We deal with the change in the legal ownership and register the new legal owner. We are not involved in what happens to the purchase monies/equity so you'd need wider legal advice to understand what your rights are in that regard.
      Such advice should also be sought to cover all eventualities and possibilities to ascertain what is best for all of you and to ensure that you all understand the legal position and how or what may happen in any future scenario

  62. Comment by Yvonne Withers posted on

    Thank you, Adam. So....if our beneficial interest isn't logged anywhere, how can we prove, should we need to, that half of the equity/value is ours and not mum's? Do we just rely on dad's will?

    • Replies to Yvonne Withers>

      Comment by AdamH posted on

      Yvonne - you would rely on whatever documentary evidence you have to confirm that he left his share in the equity to you. If that's in his recorded will then that is one example. You then have the register with the form A and you may have a record of when and why that was applied for as well

  63. Comment by Yvonne Withers posted on

    Thank you, Adam. that makes everything a whole lot clearer.

  64. Comment by Anonymous student posted on

    Can you have a situation where there is only one legal owner and the equitable interest is held jointly?

    • Replies to Anonymous student>

      Comment by AdamH posted on

      • Replies to AdamH>

        Comment by Anonymous student posted on

        Hi AdamH. Thanks for your reply. In the aforementioned situation, if the legal owner (who is also one of the joint tenants of the equitable interest) were to die would I be correct to say that the legal title would pass under will/intestacy of the deceased and the equitable interest would vest in the survivor of the joint tenancy?

        Another question relating to this would be how this situation would arise? Perhaps if a couple bought a property and registered only one of their names but included a provision stating the equitable interest was to be held jointly?

        • Replies to Anonymous student>

          Comment by AdamH posted on

          AS - the legal ownership, which we register, would form part if the deceased’s estate. We don’t deal with the beneficial/equitable interest so couldn’t comment.
          The same would apply re your other question. The executor ife deceased’s estate, with private, could deal with the property and presumably acknowledge/act alongside the equitable interest. To nit do so might leave them open to a legal challenge but again nit something we deal with directly so we can’t advise you on how that is treated in law.

  65. Comment by Chris Almond posted on

    Hello. I have a friend (40% tax payer) who has purchased an investment property with his wife (TiC), and has completed a Deed of Assignment over his Beneficial Interest in his half of the Property over to his low income mother....for income tax purposes, obviously!
    I am concerned for him that if she were to die, this asset would form part of her estate (which is in excess of £1million). Is this correct? If so, is there anything she can do in her will for this not to be true?

    • Replies to Chris Almond>

      Comment by AdamH posted on

      Chris - they are nit matters we can advise you on. You’ll need legal advice. If you are looking fir wider online advise then online forums such as Money Saving Expert can be useful resources for general advice

  66. Comment by Pixie posted on

    Hi. I have a situation where my parents created a trust for my children (their grandchildren) so my ex couldn't benefit from the property if we divorced. We later divorced and the property was transferred from joint to my name solely, however the Form A Sole Proprietor restriction was not taken off, even though under section B of the Title deed there are further 2 restrictions protecting the property. I am now in a position where the lease of the property is around 35 years and needs extending, I have remortgaged to pay for the lease extension BUT the land registry is refusing to register the new lender! How can I get around this?

    • Replies to Pixie>

      Comment by AdamH posted on

      Pixie - it’s legal advice you really need here but fundamentally you normally either need to cancel the form A restriction or appoint a new trustee to act jointly and give a valid receipt for the capital monies provided by the mortgage.
      I should stress that a lender would normally refuse to lend without you doing the above so it’s interesting that you got to the point where we are refusing.
      So it reads as if cancelling it is not an option as the Trust still exists. If so then maybe speak to your solicitor/lender with regards appointing a new trustee

  67. Comment by Simon Trevor posted on

    I wonder if you could help resolve a query re the FR1. We are two executors conducting a first registration of a house prior to its sale, the proceeds of which are to be distributed to various beneficiaries. Panel 9 gives three options:

    "Where the applicant is more than one person
    * they hold the property on trust for themselves as joint tenants
    * they hold the property on trust for themselves as tenants in common in equal shares
    * they hold the property on trust..."

    Which should we select?

  68. Comment by Simon Trevor posted on

    Sorry, my wrong. Thanks!!

  69. Comment by Joe posted on

    My partner and I bought a house in joint names however l paid all of the deposit and paid for all the subsequent refurbishments. He left 7 years later and the following year I had his name removed from the deeds, he signed the legal document required for this to happen and now I have sole ownership.
    18 years later he said l had to change my will (my two sons and two grandsons are due to inherit) to leave him £20:000. While together he did pay half the mortgage, but that was is only financial contribution he made throughout the whole 7years. I have since then paid for everything myself. Is he able to do this? If I don’t do it he says he will contest the will, I really don’t want my boys to have to deal with that.
    Can you advise me please.

    • Replies to Joe>

      Comment by AdamH posted on

      Joe - not something we deal with or can advise upon. Very much something to get legal advice upon

  70. Comment by Annie posted on

    I understand a property can only be registered in 4 names. If there are 6 people, so 4 legal and 2 beneficial owners, are all 6 recorded at the land registry? Is it more risky to be a beneficial owner than a legal owner when the property is sold?
    Do legal owners with bigger shares have more rights?
    Thank you

    • Replies to Annie>

      Comment by AdamH posted on

      Annie - only four would appear on the register and if there were 6 on the Transfer we’d need to know or would ask you to confirm which 4
      As far as who and what rights/shares etc they have and impact you’d need to seek legal advice

  71. Comment by Leah posted on

    Where beneficial and legal title in a property are in different ownership, is there a requirement to record the beneficial ownership at the Land Registry? Thank you.

  72. Comment by Eliza posted on

    We bought a property 4 years ago and instructed the lawyer (in writing at the time of purchase) to register it as tenants in common, split 90% wife and 10% husband. We now discover that the property was only registered as tenants in common without stating the unequal split, which is not obvious from the title.
    Since the unequal split was always intended can we correct the registration from the date of purchase?

    • Replies to Eliza>

      Comment by AdamH posted on

      Eliza - we don’t register the % split. If you formalised the arrangement then check how. If you did it within the terms of the Transfer (purchase deed) and don’t have a copy then you can apply for one by post

      • Replies to AdamH>

        Comment by Eliza posted on

        Thank you for your reply. I appreciate that the % split is not registered, however, the TR1 form submitted when the title is transferred is a legally binding document. Since we are not submitting the form ourselves we have no control over it. The submitted TR1 form did not reflect our wishes and instructions and we only just found out. As far a we are concerned the submitted form was incorrect. How can the form be corrected?

        • Replies to Eliza>

          Comment by AdamH posted on

          Eliza - we won’t rectify the Transfer now that it’s been registered as i assume the register itself reflects the content of the original Transfer, namely you are both registered.
          You don’t mention whether a form A restriction was applied for and registered but either way you are probably better served in formalising the arrangement now and if a form A restriction is warranted then apply for one now

          If you have already sought wider legal advice then also worth discussing the split if your beneficial ownerships and how that affects the legal ownership

  73. Comment by Anneb posted on

    My husband and his sister inherited 50% 50% share of the late fathers estate in 2017 registered with form A and B restriction. They are both registered proprieters. The fathers will stated equal shares absolutely. His wife had life interest but has since moved on. My husband sadly just passed away and his sister has put the house up for sale. Her conveyancer stated that she is the sole proprieter, is this correct they have owned the property together for 4yrs. Im executor of my husbands estate.

    • Replies to Anneb>

      Comment by AdamH posted on

      Anneb- i am sorry to read of your recent loss. If the property was registered in their joint names then his sister is now the sole legal owner as advised. However the form A and B restrictions mean she can’t sell it on her own. She will have to deal with them in some way if a sale is to go through.
      The restrictions protect the beneficial interests you mention, namely the life interest, the 50/50 aspect, the will etc. So the sister will have to deal with those interests in some way to then deal with both restrictions either to comply with them or cancel them before completing the sale.
      I would recommend asking your solicitor to explain what legal rights and options you have here as well as what the sister can or cannot do

  74. Comment by Anneb posted on

    Thankyou for your promp reply

  75. Comment by Charles posted on

    My Father in Law and Mother in Law registered their property as TIC in 1991, previously they were joint tenants, however the solicitor who enacted the transaction with HMLR failed to amend my Father in Law’s will to reflect TIC. My Father in Law died recently, and the will has resulted that the whole estate to be passed to Mother in Law, including the house. We now have this difference between the will and HMLR records, the solicitor has advised that the will takes precedence, what would you advise re the property records held at HMLR please?

    • Replies to Charles>

      Comment by AdamH posted on

      Charles - the register is not definitive as to how joint owners hold the property. A form A restriction can be applied for to indicate a trust, a will, or other arrangement between them. It can also be added where say one of them has a debt (charging order) which is then attached to their beneficial share.
      So I suspect the solicitor is right in that the register does not take precedence here. It can reflect what was applied for at the time but it’s not definitive with regards how the beneficial ownerships are resolved.

  76. Comment by Charles posted on

    Hi Adam, many thanks for your clear and definitive answer

  77. Comment by Mike posted on

    Will the Land Registry inform me if ex-partner applies to establish an interest in the property which is in my sole name? Can this happen without notifying me first? What if this has have already happened without my knowledge?

  78. Comment by Mike posted on

    Many thanks Adam.

    1. How can I get a copy of X's application to see her arguments/evidence for home rights?

    2. What is the correct LR address to get them amend my contact address?

  79. Comment by Mike posted on

    10 years ago my sister in law was struggling to pay her mortgage so she sold her house. Myself and my wife took out a mortgage added some of our savings and my sister in laws equity and bought a bungalow which she has been living in and paying us rent for our share of the property. (we have been declaring this) The property is in my wife and my names, my sister in law is not on the land registry or any official documents but we do have a simple hand written agreement.
    Sister in law now wants to move so we are selling the property and buying another where the arrangement will be the same.
    I know that my wife and I will be liable for capital gains tax but can we apportion my sister in law a share of the capital gain even though she is not an official owner of the property.
    She would not have to pay CGT as she has been living in the property so it would almost halve our combined CGT liability.

    Any advice appreciated.

    • Replies to Mike>

      Comment by AdamH posted on

      Mike - we don’t deal with taxes so best to contact HMRC or if you are looking for online help then try forums, not blogs, such as Money Saving Expert

  80. Comment by MICHAEL READ posted on

    Will do Thankyou

  81. Comment by stephen stranks posted on

    Could you advise whether land registry insists that beneficial interests be registered against a property or is this not necessary in all cases? The property is owned jointly by my wife and myself and our limited company will have beneficial interest in the property as the home is now a holiday let and part of sale of the business.

    • Replies to stephen stranks>

      Comment by AdamH posted on

      Stephen - we register the legal ownership. Whilst beneficial interests may be protected in certain circumstances there is no insistence to do so