Q&As

The co-owner of a property entered into an agreement with a relative to pass on his share in the property on his death. The background to the agreement is based on a Trust / Estoppel arising from payments made by the relative to the deceased. That co-owner has died but the intention to transfer his share in the property was not recorded in his Will. The property was held by the deceased and his partner as tenants in common. The partner now refuses to honour the agreement. Can we register a UN1 to protect the agreement without the consent of all registered proprietors? In the alternative, can the trust pursuant to the payment of funds be noted against the registered title?

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Published on LexisPSL on 08/06/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • The co-owner of a property entered into an agreement with a relative to pass on his share in the property on his death. The background to the agreement is based on a Trust / Estoppel arising from payments made by the relative to the deceased. That co-owner has died but the intention to transfer his share in the property was not recorded in his Will. The property was held by the deceased and his partner as tenants in common. The partner now refuses to honour the agreement. Can we register a UN1 to protect the agreement without the consent of all registered proprietors? In the alternative, can the trust pursuant to the payment of funds be noted against the registered title?

As the beneficial interests in the land are held as tenants in common, the share of one party does not pass to the survivor but is part of the deceased's estate. See Practice Note: Establishing a beneficial interest (joint ownership) for further information.

If this is to be treated as a trust, it is not something which is ordinarily appropriate to be registered as a notice. In this regard, see Practice Note: Land registration—notices and priority under the Land Registration Act 2002, but instead it may be more appropriate for it to be registered as a restriction pending resolution of the dispute (Practice Note: Land Registration - protecting beneficial interests). It would be prudent to make further enquiries of HM Land Registry in this regard.

An interest based on proprietary estoppel does not seem to be excluded from protection by notice, see: The previous law: Halsburys Laws of England, 506 for further information in this regard. In which case protection by notice w

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