Q&As

Where a title has an old HM Land Registry form A restriction, is it possible, upon assent of the property, to add a second trustee to give good receipt of the capital and overreach the restriction? If not, must the restriction be cancelled and a statement of truth provided to HM Land Registry?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 08/04/2016

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a title has an old HM Land Registry form A restriction, is it possible, upon assent of the property, to add a second trustee to give good receipt of the capital and overreach the restriction? If not, must the restriction be cancelled and a statement of truth provided to HM Land Registry?

Where land is owned by two or more people, they each have a simultaneous interest in that land—a statutory ‘trust of land’ arises. Co-owners may hold the property on trust for themselves as either joint tenants, or tenants in common. If co-owners are joint tenants, there is a right to survivorship, whereby when a joint tenant dies, his interest automatically vests with the remaining joint tenants.

If co-owners are tenants in common, they each have a beneficial share in the property. This means that when one of the co-owners dies, their equitable interest in the property will pass under their will or under the intestacy rules. The legal estate will still pass under the survivorship rules as it can only be held by trustees acting as joint tenants, not as tenants in common. For further guidance, see Practice Note: Buying property from a sole surviving co-owner.

In order to protect the beneficial interests of tenants in common, the standard ‘Form A’ restriction is registered on the title of the property.

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