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Posted Wed, 21 May 2025 15:36:47 GMT by Jasmin Bell
A property was first registered with Land Registry on 23.12.2011 in joint names as tenants in common.  In May of 2012 one of the tenants died.  We have just ordered a copy of the Title Register and it shows on 23.12.2011 as the owner being just the living tenant.  If the other tenant did not die until the following May surely this is incorrect information?  Should there not be another updated entry dated in May or sometime thereafter with the only the one owner's name recorded?  It looks incorrect information.  
Posted Wed, 21 May 2025 15:45:11 GMT by Adam Hookway
Jasmin - No. They were jointly registered on 23.12.2011. When one dies they are removed from the register but that doesn't warrant a new registered on date for the sole surviving owner.
The legal ownership, which is what we register, passes to the surviving owner hence the register can be updated as was.
The TUC aspect you refer to relates to their beneficial ownerships so whilst that restricts the sole survivor it doesn't change how and when that legal ownership was registered 
Posted Thu, 22 May 2025 06:45:32 GMT by Jasmin Bell
Thank you, Adam, for your reply.  That does make sense now.  With regards to the TUC (tenants in common?) how does that restrict the sole survivor please?
Posted Thu, 22 May 2025 06:59:37 GMT by Adam Hookway
Jasmin - the form A restriction, usually applied for when a property is held by joint owners as TIC (apologies for typo), restricts a sole surviving owner as per the wording of the restriction. In layperson's terms the sole owner can't sell/mortgage the title on their own
If the sole surviving owner has become the sole legal and beneficial owner, for example the deceased left their 'share' to the other owner, then they can apply to cancel the form A restriction using forms RX3 and ST5
Or if the property is being sold they can appoint someone else to act with them and together they then take receipt of the purchase (capital) monies and are then responsible for sharing out the monies as appropriate and as per any trust, wills etc 
The easiest way to think about legal and beneficial ownerships is that we register the legal ownership, the land plus bricks & mortar and they can't be split into shares - you can't each have half the bricks and half a kitchen for example
The beneficial ownership relates to the value of the land plus bricks & mortar so in essence the £s and pence. That can obviously be split but as we primarily deal with the legal ownership we are not responsible for and don't police what happens to the $s and pence
Posted Thu, 22 May 2025 19:18:07 GMT by Jasmin Bell
Thank you again, Adam, for your quick and informative reply.  Your information has been very helpful.

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