Dear Jonny,
There is no such thing as a tenancy in common of land at law, only joint tenancy, and the register only records the legal title. So you can remove a deceased joint proprietor but the sole survivor will be unable to overreach the deceased’s estate’s equitable interest as a tenant in common (protected through the form A restriction), unless a second trustee/registered proprietor is appointed.
I hope that helps.
Alexander Learmonth QC
New Square Chambers,
12 New Sq., Lincoln’s Inn
London WC2A 3SW
020 7419 8000 (tel) / -8050 (fax)
| jchody Jonny Chody
April 12 |
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Alexander.
<On the death of the partner, your client was left as sole legal owner of the property. You can get the partner’s name removed from the title simply by filing the death certificate with this form: [Deceased joint proprietor (DJP) - GOV.UK ]>
That is very interesting. I thought that you could only do this in a situation of joint tenants, but not when the property is held as tenants in common. I would really appreciate if you are able to clarify this please.
Thank you so much.
Jonny Chody