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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10123
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Land Registry “Notice of Severance of a joint tenancy – B61

Resolved Question:

Land Registry “Notice of Severance of a joint tenancy – B61

The restriction states...
“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.”
My father and I originally purchased a property together as a business investment to provide rental income and I have a contract to that effect and it was agreed at the time we would be joint tenants not tenants in common.
The background to this story is that until a couple of months ago I was due to be the sole beneficiary of my father’s estate and was the named executor.
My father was taken ill recently, subsequently diagnosed with terminal lung cancer and currently resides in a care home.
At his request I visited him in hospital when he was initially taken ill and I spent about 5 days up there staying overnight at his house and spending all day in the hospital.
He was not his usual self and his mind drifted from the lucid into bouts of not knowing where he was so much so that on my arrival he told me that he had been kidnapped and that I should call the police... it took me several hours to convince him that he was in a hospital...
Anyway, toward the end of my visit we had a disagreement about the costs relating to my visit.
I returned to London and tried to contact him a couple of days later only to be told that my father had moved out of the hospital but that I would not be told where he had gone.
A couple of weeks later I received a document from a care home that I was asked to sign and return, I contacted the care home and they said that he was indeed staying with them. I asked them to pass a message to him to contact me but no contact transpired.
I phoned again a week or so later and said to them that I was interested to visit, what was there visiting times and please tell my father of my intentions... I received a call about 30 mins later telling me not to visit as my father did not want to see me.
This whole situation is completely out of character, he is not talking to me yet I know he is in contact with his regular cleaning lady because I have received a couple of text from her to confirm this.
My worries are obvious and not all related to money.
1. I know my father has a terminal illness and I would like to visit him.
2. He has instructed the cleaning lady to clear his house and send everything to the tip yet there are many photos of my grandparents, mementoes etc etc that I would like to have for obvious reasons.
3. I need to know what the B61 notice actually means in practical terms as I own half of this property how will I be able to sell it in future for instance, will I be able to use the asset for mortgage guarantee purposes etc
It feels as though I put up half the money to buy this place and now my assets appear to be effectively frozen.
4. Is it possible to ascertain what changes if any have been made to his will.
5. Who decides if my father is acting rationally and reasonably given what I said earlier in this email about the state of his mind
6. Can I object to the B61 change or have it overturned.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry, as Josh is not currently able to assist.

1. This really is a family, as opposed to a legal matter. From a legal point of view, if the Home are saying that your Father does not wish to see you, then there is nothing you can do to overturn this legally. All I can suggest you do is to perhaps speak to other family members/his cleaner to see if his mind can be changed. Failing that, your only other option is to travel all the way to the Home and speak to the Manager.

2. As these items belong to your Father, he is "free" to do with them as he so pleases. Unless you are your Father's Attorney, legally you have no say in what he does or instructs other parties to do on his behalf.From what you have told me, it does not appear that you are his Attorney.

3/6. Either joint owner of a property is free to sever the joint tenancy at any time, and the serving of such a Notice on the co-owner is all that is required to make it a valid severance. I am afraid the co-owner has no grounds to dispute this whatsoever. Hence, there is no action you can take to this action by your Father.
As Tenants in common, you now each own a separate 50% share in the property, and both remain joint legal owners. As such, both of you need to sign any paperwork to sell or mortgage the property, as would be the case if you were Joint Tenants. Hence, you would be unable to mortgage your half share, but this would still be the case if you were Joint tenants.

4. A Will is a private document, until Probate has been granted to the Executor(s) post death. Therefore, unless your Father is willing to disclose or discuss his Will with you, you won't be able to find out if any changes have been made.

5. As I have said above, unfortunately, unless you have been appointed as his Attorney, there is no legal standing for you to question his actions and nor is there any third party who has the right to decide if what he is doing is rational or correct.

I am sorry this is not the answer you were looking for, but sets out the legal position.

I can fully understand your concerns, but ultimately this is a problem that can only be resolved on a "family" basis rather than a legal one.

I hope things can get ironed out between you and your Father.

Kind Regards

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10123
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Al...


Thanks for the response and I accept that some of this its a grey area and a "Family Matter"


My overriding concern however is what will my position be following the death of my father? the Land registry advice says... 5.2 When a single surviving owner sells the property If you are the last surviving owner of a property where you owned as tenants in common, a prospective purchaser’s conveyancer will require either evidence of the kind mentioned in section 5.1 When the number of owners is reduced to one to allow the Form A restriction to be cancelled or will require you to appoint another person to jointly receive the sale price -


What does it mean when it says in 5.1 When the number of owners is reduced to one to allow the Form A restriction to be cancelled or will require you to appoint another person to jointly receive the sale price


Could I for example appoint my girlfriend or will I have to follow any rules that might be contained in my fathers will... i.e lets presume he gave half the property to his cleaning lady would I hav eto appoint her?


Expert:  Aston Lawyer replied 2 years ago.


Thanks for your reply.

Upon your Father's death, his half share of the property passes in accordance with his Will, as you are aware.
Although you will be, at that time, the sole legal owner, you alone are not entitled to sell the property and a third party will have to join in on any Transfer, transferring the property to a Buyer. The restriction on the title is there so as to warn any Buyer's Solicitor that they should not hand over any Sale monies to you alone, and they will instead want an assurance that the Sale monies are going to be split between you and whoever inherits your Father's share.

To enable the property to be sold therefore, and for any Buyer's Solicitor to be satisfied that the Sale monies are being distributed in accordance with your Father's Will/Estate, it would be normal for one of your Father's Executors to be this party that joins in and signs the Transfer. Alternatively, with the Executors consent, it would be normal for you to appoint the Solicitor who is dealing with the Sale on the understanding that the Solicitor pays half of the net proceeds of Sale to you and the other half to your Father's Estate/the beneficiary of his half share of the property.

I hope this clarifies things.

Kind Regards
Customer: replied 2 years ago.

Thanks for the Clarification... the Land registry wording is not at all helpful in this respect.

Expert:  Aston Lawyer replied 2 years ago.

Many thanks.

I agree- Land Registry speech can be very confusing!

Good luck.

Kind Regards

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