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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If land is left equally between 2 siblings and 1 dies, what

Customer Question

If land is left equally between 2 siblings and 1 dies, what happens to the land? does it pass to the other sibling or the deceased siblings children?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

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?

 

Kind regards.


Tom

Customer: replied 3 years ago.
I just know that the land was left to them many years ago when their father died. I believe the land is registered in both names and now one has died. I'm not sure about the last question, I would suggest it is the most common one of the two.

Thanks
Expert:  Thomas replied 3 years ago.

Hi,


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:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

 

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).

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks for your help
Expert:  Thomas replied 3 years ago.

You're welcome, good luck.

 

Tom

Customer: replied 3 years ago.
one last thing, if the land was not registered but they had the deeds what would happen then exactly?

thanks
Expert:  Thomas replied 3 years ago.

No problem.

 

When did their father die?


Tom

Customer: replied 3 years ago.
im not 100% on the date but I believe it was mid 1960
Expert:  Thomas replied 3 years ago.

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.

 

Tom

Customer: replied 3 years ago.
ok thanks very much for your help
Expert:  Thomas replied 3 years ago.

You're welcome (again!)


Tom

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