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Posted Sat, 27 Apr 2024 18:29:04 GMT by Paul Thresher
My siblings and I are in the process of getting our father's accounts in order.

​​​​​​He brought his current property with his mother when it became available from the council.

​​​​​On a copy of the deeds that we have been able to locate, it shows as Tennants in common but this has been scored out and replaced with joint tenants in pen.

​​​​Please can you advise where / how we can find out what the official deeds have been recorded as? 

Posted Tue, 30 Apr 2024 12:46:17 GMT by Nimish Patel
Paul - Sincere apologies for the delay in responding to your query. 

Please refer to the Joint property ownership guidance on GOV.UK.  It provides some indication on where to look for the information you are seeking.

From land registration perspective, we would normally enter a restriction when two or more persons owning the land or property wish to own it as Tenants in Common.  The restriction, commonly termed as a ‘Form A’ restriction reads as:

“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.”

I should clarify that people often think that the above restriction on their title register means that they are tenants in common. But that is not always the case as the same restriction can be registered for other reasons. For example, we have to enter this restriction when we register joint owners but it is not clear what type of joint ownership they have.

 
 

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