Was the land registered in the two siblings names and, if so, do you know if they owned their interests as joint tenants or tenants in common?
Thanks for your reply.
You need to find out if the land was registered. You can contact the solicitor to ask for up to date Land Registry Official Copies.
You can check yourself if the property has a traditional house address by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-
Otherwise you will have to do an index map search by submitting LR form SIM (available on the LR website) along with a plan showing the land in question. They will reply confirming if it is registered and tell you the title number so you can get the Official Copies.
Once you have the OCs
Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-
" 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 Court"
If the land is held as tenants in common then the interest of the deceased sibling would pass upon their death in accordance with their Will or otherwise according to the intestacy rules (which may mean it passes to her children depending on whether she has a husband at the date of her death)
If there is no such entry then the property is held as joint tenants, this means that would pass automatically to the surviving joint owner (ie. the other sibling).
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You're welcome, good luck.
When did their father die?
Right. Assuming it was transferred to the siblings around then then it may still be unregistered.
The assent conveying the land to the siblings will state whether or not it is held as tenants in common or joint tenants.
If the siblings mortgaged the property within the last 15 years then it will be registered.
You may need to have to trace the deeds (ie. conveyances, assets etc) if it is unregistered to check. The deeds may be held with the solicitors who administered the estate.
You're welcome (again!)
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