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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7591
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Should a declaration of trust be registered at the land

Resolved Question:

Should a declaration of trust be registered at the land registery
Submitted: 10 months ago.
Category: Property Law
Expert:  Thomas replied 10 months ago.

Hi

Thanks for your question. I will try to help.

There is technically no legal requirement that a declaration of trust must be registered at land registry.

If the declaration of trust is between the registered proprietors of the property and not with a third party non-registered proprietor, then the land registry title should have the restriction noted on it which indicates that the property is held as “tenants in common” though.

If the declaration is with one or more of the registered proprietors AND a third party non-registered proprietor the non-registered proprietor will want the declaration of trust noted on the land registry title in the form of a restriction.

This is so that other people when checking the ownership of the property will be aware of the interests and that any buyer of the property and their solicitors in the future are also aware (and so won’t agree to a sale unless the money due in the declaration is paid and the restriction removed.)

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 10 months ago.
The agreement is between the owner and partner. The partner (builder) is to build an extension doubling the size of the property. When complete the house becomes 50/50 share. The agrement would then trigger a declaration of trust. Does the agrement need to be registered.
Expert:  Thomas replied 10 months ago.

Hi,

If the partner/builder is not on the registered title:

1. the Agreement should be registered on the title for the property as an Agreed Notice

2. the declaration should be registered with a restriction once it has been executed.

Both of these would be for the partner/builder's benefit.

Please remember to leave postive feedback..
Tom

Customer: replied 10 months ago.
For the owners benefit registering the agreement does not mean the 50/50 split starts until the works complete and the declaration of trust is triggered.
Expert:  Thomas replied 10 months ago.

If the agreement itself states that the partner does not have an interest until the works are complete and the declaration signed, then the registering of the notice does not give the person a 5050 interest. It just notes there is a contract in respect of the property to provide a FUTURE interest.

Tom

Customer: replied 10 months ago.
Is the above correct.
Expert:  Thomas replied 10 months ago.

A person does not get an 50:50 interest by nothing the agreement (ie. the contract, not the declaration of trust) as a notice on title. It just means there is a contract which relates to the property.

Tom

Customer: replied 10 months ago.
is the best thing to do register the agreement and when the work is complete re register the declaration of trust.
Expert:  Thomas replied 10 months ago.

Correct.

When the agreement is signed, register it with an Agreed Notice.

When the declaration is subsequently signed upon completion of the works, then register the Declaration as a Restriction.

Please remember to leave positive feedback.

Tom

Customer: replied 10 months ago.
Many thanks, Duncan
Expert:  Thomas replied 10 months ago.

You're welcome, Duncan.

Please leave feedback.

Tom

Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7591
Experience: UK solicitor holding an England and Wales practising Certificate.
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