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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3774
Experience:  Two years conveyancing experience.
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title deeds to house are in 3 names, one of the parties wants

Resolved Question:

title deeds to house are in 3 names, one of the parties wants to sell the property another one does not, what options are available?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Could you give me a little more information, please-
1. Do the 3 people hold the property as Joint tenants or tenants in common?
2. Do any of them live in the property?
I look forward to hearing from you.
Kind Regards
AL
Customer: replied 3 years ago.

one of them lives in property, one is deceased and hence would pass to his sons/daughters, the third is one of the sons of the deceased

one the Joint tenants or tenants in common - i don't know, how would i find out

thx

Expert:  Alex J. replied 3 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you have the official copy for the property? It has three sections on it Property Registry, Proprietorship Register and Charges Register. It is a document from the Land Registry.
Kind regards
AJ
Customer: replied 3 years ago.

i do not have the original copy, i have a summarised one from the land registry

Expert:  Alex J. replied 3 years ago.
Hi
Thank you.
If you look at section B of the title register does it have the following phrase:
"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 Registrar or the court."
Kind regards
AJ
Customer: replied 3 years ago.

on the summarised copy from Land registry just has Title absolute and then just names the 3 parties, would i need to get the full copy to verify

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Does it not have three sections, A, B and C?
You will need to find out how you own the property, but essentially the property can only be sold if all the owners consent to its sale as they will need to sign the transfer deed.
IS it possible to consider one party buying the other out?
Kind regards
AJ
Customer: replied 3 years ago.

it does have 3 sections, but the only info in Section B says Title absolute and then the names

the party who does not want to sell, has no interest in buying out the other, he is only interested in making it impossible for the other party to sell.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you. ***** does not have the following phrase - "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 Registrar or the court."
That means you most likely own the property as Joint Tenants. Can you confirm this?
Kind regards
AJ
Customer: replied 3 years ago.

no that phrase, is not in the summary i've been provided by land registry. where can i find if we are Joint tenants or tenants in common? i'm doing this on behalf of my father and he doesn't know

Expert:  Alex J. replied 3 years ago.

Hi, Thank you. If that phrase is not in section B then you are Joint Tenants. Does your father want to sell? Kind regards AJ

Customer: replied 3 years ago.

Phrase is not in Section B and yes my father wants to sell, i'm trying to understand his options

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
His options are the following:
1. He serves notice on the other owners to severe the Joint Tenancy - the result of this is he becomes a tenant in common - he is then free to sell his share in the property to a third party if he wishes;
2. He goes to court and seeks a court forcing the sale of the whole property.
In the mean time he should severe the joint tenancy regardless - this is because if anything happens him then the other joint tenants would automatically inherit his share of the property. If he was a tenant in common he could bequeath his share in a will. I would start by going to see a local solicitor and getting them to draft the severance notice for you and file it at the land registry.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 3 years ago.

that reply was really useful, one of the 3 parties passed away 10 yrs ago, so does that mean his share goes to the remaining 2 parties automatically? i thought that it would pass to his sons / daughter

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
If it is indeed a joint tenancy and there has been no severance of this, then rights of survivorship apply. This means the share of the property is adsorbed by the surviving owners.
In relation to the deceased party was their anything their will about the property?
Before your father severs the Joint Tenancy he should check and with the deceased estate that there was no provision to bequeath the property or any agreement between the parties to sever the Joint Tenancy already.
Kind regards
AJ
Customer: replied 3 years ago.

thank you, ***** ***** no will and the parties to to the Tenancy don't talk to each other, hence the challenges to selling

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
I think you need to go and see a solicitor. This is simply because you will at the very least need to:
1. Write to the deceased estate to confirm the two remaining joint tenants own the property under survivor ship rules;
2. Sever the joint tenancy and file this at the land registry.
I say this should come from a solicitor because having it on a solicitors headed paper will give it the Gravitas required to show you have been properly advised, they are less likely to ignore the letter. Visit the Law Society (www.lawsociety.org.uk) and they will be able to recommend someone local to you.
The next step will then be to try and sell your father's share in the property.
Kind regards
AJ
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3774
Experience: Two years conveyancing experience.
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