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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If three people are the registered proprietors of a freehold

Resolved Question:

If three people are the registered proprietors of a freehold property in the absence of a deed showing their individual shares of the equity is each proprietor deemed to own a one third share of the value of the property?
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.

Do you have a copy of the Land Registry title, and if so, is there a Restriction in the Proprietorship Register?

Sorry for the technical question, but I need this information to answer you fully.

Kind Regards

AL

Customer: replied 2 years ago.

Title No.WT89686 Title Absolute. Contains the following restriction Clause 3. of Proprietorship Register.

(3 March 2001) RESTRICTION: No disposition by a sole proprietor of the

land (not being a trust corporation) under which capital money arises is

to be registered except under an order of the registrar or of the Court.

Expert:  Aston Lawyer replied 2 years ago.

Hi John,

Thanks for your reply.

The Restriction you have quoted is the standard "tenants in common" restriction.

Therefore, provided no separate Deed was signed by the 3 parties or reference made in any Land Registry Transfer deed when the 3 parties acquired the property to confirm otherwise, then all 3 parties do hold a separate one third share in the property.

I hope this helps and answers your question.

Kind Regards

AL

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