Request for a copy document DJP

Title LR921714 My conveyancing solicitor requested a copy of form DJP dated 26/4/2021 via the portal. It was advised it was an archive document so may take longer. It is quite urgently needed. Could you provide any update of when this will be sent and if it will be via the portal or by post? Thank you.

Marian - I think the correct title number is LA921714 and if so the conveyancer was advised no form DJP of that date exists and a copy of a form RX1 was issued instead earlier this month. We received an application to register a restriction on the title in 2021 and that application included a copy of Mary Chambers' death certificate.
No form DJP was submitted or required The form RX1 includes the name etc re the conveyancer firm which submitted it

Hi Adam. The conveyancer firm which submitted the RX1 and sent a death certificate did not represent me. In fact they are acting against me. They only had consent to enter a restriction not to change any details on the title. They now insist that the property is in my sole name despite the fact I was a Tenant in Common with Mary Chambers. I thought there was no survivorship with TIC. They are ignoring the A Restriction and the P Restriction is now stopping the sale of the house by the Estate. Despite not having a charge, they wish to take all of the proceeds of the sale. Our conveyancer has not informed us that there is no DJP form so I wonder who you replied to. Can a third party really change the title in secret without a DJP and without consent? I received no notification of the change in 2021

Hi Marian - noted and appreciated. It's important to understand the terminology used here especially re legal and beneficial ownerships and tenants in common (TIC) and joint tenants. For example when a property is owned jointly, and one owner dies, the legal ownership passes to the surviving joint owner to deal with - this is why the property is in your sole name as they put it.
The TIC aspect relates to your beneficial ownerships and is protected by the form A/joint ownership restriction on the register (entry B3 on the current register). You are the sole legal owner but you are restricted in what you can do as the beneficial ownership was and remains split/in shares for example The form A restriction does not prevent a sale from happening. For example you can appoint someone else to act with you and together you sell and take receipt of the 'capital monies'. Once sold the purchase monies represent the beneficial ownerships as the monies can be split as appropriate. The legal ownership, the bricks & mortar and land can't be.
The form N (not P) restriction on the register however does prevent a sale (disposition) and you would need the consent as the wording explains
Who is your conveyancer (firm)?
No form DJP was submitted but if we receive an official/certified copy of a death certificate we can and will update the register. The death is sadly factual and as such the register can be updated at any time mainly because the legal ownership operates in the way I have mentioned.
No notice was served in 2021 as the conveyancer stated that they held the consent of the registered owner to applying for said restriction. You mention above that there was consent to enter a restriction, which they applied for, and the only other change was to update the title re the factual death. Even if they had not lodged the death certificate the position would be the same

Our Conveyancers are Complete Convey in Preston. The conveyancers that submitted the RX1 are Shakespeare Martineau.( It was a form P that they requested consent for in the original agreement.) We have 2 Trustees to take the capital monies but Shakespeare Martineau are refusing to allow the sale until we agree to give them all the proceeds, despite not have a registered charge. I can't see a charge on the Title. Would Land Registry change the legal title if just anyone sent a death certificate or just said that a person had died? All this was done without my knowledge.

Marian - many thanks and they were the ones who applied and were advised as stated. SM applied for the restriction using the form RX1 and submitted a copy of the death certificate as well. The key to updating the register re a death is that the required evidence is provided. If a random individual applied, so not the other joint owner or a conveyancer, we would carry out wider checks as appropriate for example serving notice on the surviving owner.
Having a charge on the title is not necessary here as the restriction applied for is sufficient protection of any interest. If you are challenging the application made/the restriction applied for and registered I would strongly recommend seeking legal advice The alternative is to apply to cancel the restriction using form RX3 and providing supporting evidence to enable cancellation
Notices, restrictions and protection of third-party interests (PG19) - GOV.UK

We have not heard from our conveyancer at Complete Convey that no form DJP existed. when was that sent?

Sorry your reply crossed. We do have legal representation but Shakespeare Martineau have been uncooperative. Does a conveyancer not have to supply evidence that they act for the proprietor?

Marian - 5th Feb. They do and they did re form RX1. You do now need to lean on your legal advice/support here. The registered information is only part of the legal picture and it seems clear from this thread that there is a dispute over what the interest is behind the restriction. That's the crux of the legal issue and not something we can advise on or explain as we won't have that information.
If you want to challenge the registration of the restriction then please apply to cancel as previously mentioned. But again the interest it is protecting is likely to be crucial and doubtless the restrictioner will object to it's removal on some 'legal' basis - all roads lead back to your legal advice as a result

Thanks Adam We were just puzzled how solicitors that don't represent us have been able to change the title "accidentally" with a RX1 and we would have to use DJP. We did not intend to do this until the house was sold (as you have said on another page). We don't have time to submit a challenge as the house sale is already a week overdue. The restrictioner is trying to blackmail us over the proceeds. We have spent £1000's just trying to get the sale through. We will have to try other avenues. Thanks for your information.