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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 11137
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am looking for assistance with the registering of a

Customer Question

Hello. I am looking for assistance with the registering of a restriction at HMLR to show that my partner and I are tenants in common but hold unequal shares. It is a residential property in England. I have the current Register Extract but would like assistance with the wording of the 'form of restriction'. Thank you.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No steps yet.
JA: Have you talked to a lawyer about this?
Customer: No. I am on a low income and cannot afford a 'high street' solicitor's rates.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I don't think so: thanks.
Submitted: 7 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 7 months ago.

Hi, you will need to complete Land Registry form SEV (Form A Restriction) and which needs to be signed by both of you. The Land Registry are not interested in knowing what percentage shares you both hold and they are merely interested in knowing that you hold the property as tenants in common. By completing the SEV, the Land Registry will then enter the Form A Restriction on the title which will be evidence that you hold the property as tenants in common. As you wish to hold unequal shares, you will need to prepare a separate document (which can NOT be registered at the Land Registry) stating what share each of you wish to hold in the property. You should prepare 2 copies of this Deed and both of you should sign each copy and then each of you can retain one copy each for future reference. As regards ***** ***** of the Deed, I can discuss this with you but it may be best if we can discuss this over the phone.

Kind Regards AL