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Complex ownership issues

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  • Complex ownership issues

    I find myself unwillingly in the centre of a complex issue with the land registry over ownership of a plot of land. It goes like this. Man A left the land to his three children, B, C and D. D married E. D has passed away and had left his 1/3 of the land to his wife E. E's solicitor is now saying that D's 1/3 ownership of the land cannot pass to E without B and C's approval. Trouble is C and E hate each other, and B is 10 years older than C. Does this mean that C providing she lives longer than B will end up owning the land outright? Damn odd law if this is the case.
    Hope you all managed to follow that!

  • #2
    Re: Complex ownership issues

    I would have thought that assets can be passed on even part shares in property, as detailed in a will.
    What is probably the case is that E cannot SELL the land without C and B's agreement.

    To live longer than a 10 year old may be a big ask too!
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    • #3
      Re: Complex ownership issues

      Vesting the legal title at the Land Registry in BCE requires BC signatures. That doesn't stop E being entitled in equity to a one-third share in it.

      E could lodge a restriction at the LR to prevent a sale without her consent and would be entitled to a third of any sale proceeds.

      Forcing a sale could be possible but would require court proceedings and the court would look at the intentions of the deceased as to whether the asset should be realised or should be kept. This may not be clear cut and such proceedings could be very expensive.
      RICHARD WEBSTERwww.rwco.co.uk
      As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.


      • #4
        Re: Complex ownership issues

        Been doing some more digging on this issue. It seems theres two different types of joint ownership, beneficial joint tenancy or tenancy in common. Strangely with beneficial joint tenancy you cannot leave your share either by will or otherwise. On your demise it will be shared between the surviving parties. This is going to cause some big trouble! Annoyingly its easy for any one party to change the ownership to tenancy in common, but its too late now for my Auntie in law (E for simplicities sake).
        Thanks for your help anyways.