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Posted Sun, 28 May 2023 07:33:28 GMT by Adam Hookway
I'm trying to confirm whether our property is a joint tenancy or common tenancy<br> i have a copy of the register and i have checked it online<br> Could you please tell me if it's a joint tenancy or a tenants on common? And am i right that if there's no form A restriction in the proprietorship register then it's a joint tenancy?
Posted Sun, 28 May 2023 07:34:20 GMT by Adam Hookway
The register is not definitive re such detail and the term 'tenants in common' is not referred to on the register.<br> <br> Joint owners may indicate that they wish to hold the property as tenants in common when they are registered or may decide to sever their joint tenancy at some stage.&#160;When this happens, and where the land is registered, we can register a Form A restriction on the registered title, namely<br> <em>'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'</em><br> <br> The Form A restriction does not itself change the ownership from beneficial joint tenancy to tenancy in common. The restriction only reflects the request or change made.&#160;<br> And conversely if a form A restriction is not present it is not definitive that you are joint tenants as you may have severed your joint tenancy in some way but never applied to register a form A restriction.<br> &#160;<br> So it's important to look at both the registered information and also wider information such as your wills and more to ascertain whether you are tenants in common or joint tenants<br> <br> For further information see Joint property ownership available on the&#160;<a href="https://www.gov.uk/joint-property-ownership" rel="noopener noreferrer" target=_blank>GOV.UK website</a>
Posted Tue, 08 Apr 2025 07:35:31 GMT by Adam Hookway
Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking&#160;legal representation.<br> Find out about&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">making an application without legal representation</a>.

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