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Posted Fri, 12 Jan 2024 17:11:50 GMT by Adrienne Grieve

My husband and I's property has been registered as Tenants in Common as opposed to Joint Tenants; we are in the process of trying to sell and are almost at the end of a long conveyancing journey. Unfortunately our previous solicitors opened an application to change the TIC to JT status just before we agreed a sale when they realised it was incorrect after our purchase in 2020.

They keep getting requisitions from the Land Registry (total of 4 now) so it is dragging on and now affecting our ability to complete the sale. They have offered to cancel the application so we will continue to hold the property as TIC until the sale but I'm concerned this will now take longer than it might to just carry on?

Can anyone help with whether we should instruct them to cancel the application or insist they push it through?

The Title Number is:NT560280

 Any help gratefully received as I am honestly at the end of my tether with this and would love to not cry down the phone in frustration at this solicitor anymore. 

Posted Sat, 13 Jan 2024 06:36:46 GMT by Adam Hookway
Adrienne - if they want to cancel it, which seems to be the logical thing to now do, then they simply need to contact us to request that
We don't register you as TIC but can register what's known as a form A restriction when applied for - I imagine that's what happened or if no information was provided in 2020 we entered it by default
If you are both selling then the form A restriction doesn't prevent that so cancelling it and ending the worry, should be an option and worth asking your solicitor to consider/do just that.
Posted Mon, 15 Jan 2024 09:10:22 GMT by Adrienne Grieve
Thanks Adam, I will discuss with the solicitor. Does the Land Registry require information to justify the request to cancel etc? Do you know how long it would take to cancel the application once the request has been made?

sorry for the direct questions, thanks for your help. 
Posted Mon, 15 Jan 2024 09:25:53 GMT by Adam Hookway
Adrienne - we just need the lodging solicitor to ask us in writing to cancel it. It would then be cancelled asap but generally within 48hrs depending on when they submitted their request.
If they request cancellation then post again and I can escalate it as appropriate
Posted Fri, 19 Jan 2024 16:33:37 GMT by Adrienne Grieve
Hi Adam,

Thanks for your help; I have just had confirmation from my previous conveyancer that they have requested the cancellation.

Would you mind having a quick look and also escalating so that we can finally put this to bed? 

Thanks again
Adrienne
Posted Fri, 19 Jan 2024 17:17:49 GMT by Nimish Patel
Adrienne - The application has been cancelled this afternoon. 
Posted Fri, 19 Jan 2024 18:43:34 GMT by Adrienne Grieve
Thank you so much for your help and speedy reply. 

I know you may not be able to comment but can you see anything remaining on the register that would prevent our buyer's conveyancers from being able to change the title into the new owners names once the sale goes through? 

Thank you!

Adrienne
Posted Mon, 22 Jan 2024 08:10:49 GMT by Adam Hookway
Adrienne - very much a Q for your conveyancer to answer for you as it will be the buyer's conveyancer who will be considering the registered information and deciding on whether they can complete or not. Your conveyancer will need to provide assurances to them that the required consents, see restrictions on title, will be available and provided for example.

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