Q&As

Where unregistered land is being sold and the legal and beneficial title is separated between two legal owners and four beneficial owners (the four beneficial owners include the two legal owners), and the two other beneficial owners take their shares by way of separate deeds of assignment of gift equity, do the deeds of assignment form part of the documentary title? Should the two beneficial owners, not being the legal owners, be named in the contract and TR1?

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Published on LexisPSL on 16/07/2021

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

  • Where unregistered land is being sold and the legal and beneficial title is separated between two legal owners and four beneficial owners (the four beneficial owners include the two legal owners), and the two other beneficial owners take their shares by way of separate deeds of assignment of gift equity, do the deeds of assignment form part of the documentary title? Should the two beneficial owners, not being the legal owners, be named in the contract and TR1?

Where unregistered land is being sold and the legal and beneficial title is separated between two legal owners and four beneficial owners (the four beneficial owners include the two legal owners), and the two other beneficial owners take their shares by way of separate deeds of assignment of gift equity, do the deeds of assignment form part of the documentary title? Should the two beneficial owners, not being the legal owners, be named in the contract and TR1?

Property held in joint ownership in England and Wales is held in two ways: legal ownership and beneficial ownership. The legal owners of the property are those who hold the legal title to the property in question. Often, but not always, the legal and beneficial owners will be one and the same.

The legal owners hold the property on trust for the beneficial owners

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