• Statutory Declaration as to Equitable Interest


    Where two people own a property jointly and elect to hold it as tenants in common, the Land Registry will enter a “Form A” restriction on the title to alert potential purchasers to the presence of a trust and to prevent a sale or mortgage by a sole proprietor. If the property is transferred by the joint owners together to someone new the restriction will be removed automatically. If however it is transferred from joint names into the sole name of one of the parties or if one of the parties dies leaving a sole survivor it will not. In order for the remaining sole owner to deal with the property he will need to remove the restriction and one way is to make an application using Land Registry form RX3 and swear a statutory declaration confirming that he is solely entitled to the legal and beneficial interest in support of the application. A statutory declaration must be signed in the presence of a solicitor or commissioner for oaths. It is also possible to make a “Statement of Truth”.

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