‘Ask Adam’ is a new spin off in Today’s Conveyancer and allows readers to ask any questions they want to the Land Registry.
This month’s question has already been answered, but we will be asking readers on social media, who can choose to remain anonymous – where it will be answered in a brand new monthly feature.
Customer service manager Adam Hookway runs HM Land Registry’s online support forum for legal professionals and members of the public, as well as answering queries that come in via social media. He enjoys helping HMLR’s many customers navigate the complexities of land registration and is adept at answering the huge variety of questions raised in all our channels.
Ask Adam is a popular feature in HM Land Registry’s monthly Practice and Process newsletter. For more information and to stay in the loop with detail on updates to practice guides, changes to HMLR procedures and processes, plus training news and tips: subscribe to HMLR’s Practice and Process newsletter (if you haven’t already).
AP* asks:
I am dealing with a matter where a freehold Title is owned jointly and subject to a Form A Restriction. Both registered proprietors are deceased. Grant of Probate issued for first deceased in 2004 with 2 executors and Letters of Administration with Will issued in 2023 to 1 administrator who is ‘the lawful attorney of 2 named individuals for their use and benefit limited until further representation is granted’. Practice Guide 6, section 7 states for disposition by the personal representatives of a sole surviving proprietor-‘Here the legal estate vests in the personal representatives on the death of the sole proprietor (section 1(1) of the Administration of Estates Act 1925). Provided there are at least 2 personal representatives, a disposition will not be caught by the restriction’. Letters of administration has been granted to a sole administrator only.
Will Form A restriction be automatically removed if the sole administrator for second deceased proprietor (in 2023) and one of the executors of first deceased proprietor (in 2004) together sign the TR1 on sale? If not, please confirm Land Registry’s requirements to remove the Form A restriction post completion at the time of our application to update the title register in my client’s name.
Adam answers:
Thank you for your question, AP. I would be glad to help.
Where there are joint proprietors – let’s call them C and D – and both have died – C before D – then a form A/joint ownership restriction will restrict the sole executor/administrator for D.
The sole executor/administrator for D can appoint a new trustee to act with them regarding the transfer.
On registration of the buyer, the form A restriction will be cancelled automatically.
It’s important to note that if there are two or more executors/administrators then the form A restriction does not restrict them from selling. And again, the form A restriction will be cancelled on registration of the buyer.
Section 6 of our Practice guide 21: using our forms for complex and more unusual transactions – GOV.UK explains transactions involving trustees in more detail.
PG 21 includes wider guidance on other ‘complex’ registration scenarios and as such may not familiar to everyone.
* Questioner wishes to remain anonymous
