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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7150
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am living in Australia. I owned a parcel of land in Farnham,

Resolved Question:

I am living in Australia. I owned a parcel of land in Farnham, Hampshire. England, about 22 years ago with my late husband Bernard Michael Monk who passed away in 1992 and since then I remarried and now live in Australia
I believe the title details are 51.188103,-0.85902 Holt Pound Lane. Farnham. Land only.
This was in my late husbands and my name Bernard Michael Monk and Anthea Mary Monk/ Crowngate Hotels. Can you please verify that I still own this property and if I don't do I have recourse to claim it back.
Many thanks
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi Anthea, Thanks for your patience.

If the land does not have a property with a post code on it then you would probably not be able to use the Land Registry’s “find a property” service to download a copy of the registered title for the property to establish who is noted as owning it:-!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

Therefore, this means that you would have to submit an index map search of the land to the Land Registry. You would do this by completing the Land Registry’s Form SIM. You would also have to obtain a plan of the land and show the land edged in red pen by penning it in yourself.

This would then be submitted to the Land Registry. The Land Registry would return results stating what the registered title number is XXXXX the land. You can then obtain the registered title for it by inputting the title number in to the above link and downloading a copy of the register. The Register will state who the registered propretiors are.

If you and your husband owned the land together then it is not likely that anything has happened to it without your consent. Therefore, you should be able to deal with it now.

There are two ways of holding land.
1) Joint tenants - this is where the land is held jointly and means that upon death of the first of the owners to die it passes to the remaining joint owner. You would only have to submit a certified copy of the death certificate to the Land Registry for them to remove him from the title so that it is in your name only to do with as you please
2) Tenants in Common. This is where you hold your shares separately. Upon death of the first to die their share passes to whoever was entitled to inherit his estate under his Will or the intestacy rules (if there was no Wills). If this is how it is held then it will take a bit of sorting out and you will have to contact the person who inherited his estate to establish what you agree should now happen to the land

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Kind regards,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7150
Experience: BA (Hons), PgDip, Practising Solicitor
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