Land Registry Restriction 2

Hi
i need help please re free land registry advice ...
We would like to lodge the following information with the Land registry re...
A) Consensual Severance of my and my husband’s house ownership ,from Joint Tenants to Tenants in Common and
B) a restriction re the relating declaration of trust ( we understand the Land Registry do not record deeds of trust, all they do is register restrictions )

We believed that we need to use ...
A)The ‘ SEV’ form (re the severance) -joint application , no fee , no other docs required
B )The ‘ RX1 ‘ form (to lodge a Form A restriction re the deed of trust) -fee £40, joint application, submit a copy of declaration and not the original & ensure we put on the top of the copy declaration " We hereby certify that that is a true copy of the original document" and all interested parties initial this


However we have had some differing advice and need to confirm the following please :

1. Are the sev and rx1 the correct forms for us to use ?
2. Is there only one RX1 form, as we’ve also been told if we are looking to protect the beneficiaries under the deed then a Form B restriction is probably appropriate ;but we thought the form B (or any other consent restriction) would usually be more relevant if you were not also an owner of the property, ie when is it appropriate to use a form A restriction versus a form B restriction and which is correct for our situation?
3. Re the RX1 form (assuming this is correct form) :
• Is the correct wording for section 9 on the form ( as per section 10 of your guide ) “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. (Form A restriction)" ?
• Should we reference "Declaration of trust" in section 5 on the form ? (section 6 on your old guide )

FYI we have split the property ( uneven % ownership ) to ultimately leave all in trust to my son , with live in right to my husband should i die first (ie as my son but my husbands step son he would have no natural right to his portion of the house and mine would naturally go to my husband but we want mine to go to my son ) and can send the severance and trust docs for you to see at this stage if it helps , as we don’t want to send incorrect forms and incur additional charges etc

Many thanks
Mel

1 Answers

Hello,

Thank you for your email. When you lodge the SEV to sever the joint tenancy the Land Registry will automatically register a Form A restriction without the need to lodge an RX1, however I don't believe a sime Form A restriction is sufficient for your purposes. It sounds like you need the advice of a trust law specialist and that is beyond the scope of this website.