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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33532
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our father passed away 6 years ago. Under the terms of his

Resolved Question:

Good evening. Our father passed away 6 years ago. Under the terms of his will my sister and I were left his half share of the property he jointly owned with his partner. She under the terms of the will can live there as long as she wishes. We do not have a relationship or any communication with this lady. Our question is:
In English law may my sister and I have our names added to the deeds of the property thus preventing any sale unless with our prior knowledge or consent?
Many thanks.
Louise
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Are you also the Executors of your late father's Will?

Customer: replied 5 months ago.
Clare.
Yes, that is correct.
Louise
Customer: replied 5 months ago.
Incidentally they were Tenants-in-Common
Expert:  Clare replied 5 months ago.

Who dealt with Probate for you - did they not take any action regarding the house

Customer: replied 5 months ago.
We did everything ourselves. Possibly naive but funds were not available for any other course of action.
Expert:  Clare replied 5 months ago.

But you did get the Grant?

Customer: replied 5 months ago.
we did, we have Grant of Probate
Customer: replied 5 months ago.
Can this please be continued?
Expert:  Clare replied 5 months ago.

This is an interesting area of law (for which read complicated)

Because of the way Land Law works his partner is now the sole Legal Owner - but she holds it on Trust for herself and you and your sister.

You and your sister as Executors can certainly prepare an AS1 regarding the property assenting to the Transfer into all three names - BUT the partner does not have to agree.

However doing this will make it easier when she wishes to sell the property.

You remain protected in any event - but it would be sensible to make contact and try and resolve this.

Please ask if you need further details

Customer: replied 5 months ago.
Thank you. However our initial concern remains - if our late father's partner is holding this on Trust is this on record and if so where? Does it show up in a search during the sale process of a property? If we have no contact with this person how would we ever know if she were to commence sale proceedings? There is no possibility of contact, she spent a considerable amount of money ensuring that she obtained everything that was our late father's.
Expert:  Clare replied 5 months ago.

Have you checked the Land Registry and downloaded an up to date copy of the Register Entries?

Customer: replied 5 months ago.
Clare.
Late response due to limited Internet access! I have just ordered as you suggested. What should we expect to see?
Louise
Expert:  Clare replied 5 months ago.

Who owns the property - set out in the Proprietorship part of the Register

Customer: replied 5 months ago.
Clare, the copy has come through already, I have copied the text, Roy Ewart being my late father:
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Title absolute
1 (03.04.2007) PROPRIETOR: SHELAGH WALLEY and ROY EWART of 12 Little
Pittern, Kineton, Warwick CV35 0LU.
2 (03.04.2007) The price stated to have been paid on 13 March 2007 was
£277,000.
3 (03.04.2007) RESTRICTION: 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.
4 (03.04.2007) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.
Expert:  Clare replied 5 months ago.

Well that confirms that at present all is well and the property is still in joint names and the restriction on the Register means that she would have to appoint a new Trustee f she wished to sell the property

If your attempts to get her to sign an AS1 fail then you can apply for a further restriction to be entered on the Register to confirm that you are notified of any attempt to dispose of the property

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490319/RX1.pdf

Clare, Solicitor
Category: Law
Satisfied Customers: 33532
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Clare.
Thank you so much. Your advice has been excellent!
Louise
Expert:  Clare replied 5 months ago.

You are most welcome I hope all goes well

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