Q&As

Registered property is owned by three owners, one of whom has died. The deceased's executors want to transfer the property to the beneficiaries, so an AS1 would seem appropriate. Do the surviving co-owners need to be parties to the AS1?

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Published by a LexisNexis Property expert
Published on: 10 July 2017
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Where land is co-owned legal title is always held as joint tenants, and the presumption is that beneficial or equitable Ownership is also as joint tenants. Each joint tenant has an identical interest in the whole land and the interest of one passes automatically on death to the survivor. When the survivor becomes sole legal and beneficial owner the trust ends.

Where the beneficial interest is held as tenants in common, interests can be unequal, and the share of one does not pass to the survivor but is part of the deceased estate.

Where a Tenancy in common is indicated the HM Land Registry will enter

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United Kingdom
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Key definition:
Ownership definition
What does Ownership mean?

The term ownership denotes a wide array of rights over property.

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