Property Deeds & Land Registry Question?

[MarthaLuna]

My parents owned their own property as joint tenants.

My father kept the deeds in the local branch of his Bank as they did not charge for this service. However, when the bank changed from one to another, the new bank informed him that there would be an annual charge for keeping the deeds. He didn't like spending money so he opted to keep the deeds at their property.

He has recently passed away and we have found the deeds, still in their original paper form.

My mother talks about selling the property, which leads to my question:

In order to sell the property does she first need to get my fathers name removed from the deeds and do they have to be registered with the Land Registry to be entered online as is the modern way, rather than retaining paper deeds?

Thanks for any assistance.

 

[BazzaS]

The Law of Property Act 1925 started the process by which deeds were transferred from paper copies held by the owner (or the mortgage company, as security) to today's process of them being held,  now electronically, by the Land Registry. Most (but not all!) properties will already have had this happen.

 

First step then, is to see if they are already held at the Land Registry, and if the paper copies are now superfluous (interesting, but superfluous).

https://www.gov.uk/search-property-information-land-registry

 

If they aren't held by the Land Registry, your licensed conveyencer will update the Land Registry during the property sale.

 

As an aside  you mention the property was held in joint tenancy. There are 2 aspects in which there are tenancies : the 'legal' title, and 'beneficial interest / title'.

The Legal title is ALWAYS (if more than one owner) joint tenancy, and - if it was held only by both of them :  will have automatically passed to your mother by 'right of survivorship'.

If the beneficial interest was as joint tenants, then that tenancy will also have passed by survivorship. It is only if the beneficial interest was held as a 'tenancy in common' AND your dad willed that to another that you then might have the situation where your mum holds the legal title as sole tenant, but may hold part of the beneficial interest, in trust, for another beneficiary. Again the licensed conveyancer will help with this (or solicitor, as part of probate).

[MarthaLuna]

Thanks BazzaS for that response. I have checked the link for the Land Registry and nothing is recorded for the property.

Yes it was a joint tenancy so passes to my mother. Does that mean that the deeds can remain in paper form whilst she is alive?

[BazzaS]

Whilst she is still alive and doesn’t sell.

During any sale the  conveyancer should ensure the property is registered with the Land Registry.

[MarthaLuna]

Ok. Thank you very much for your help.

[dx100uk]

it's very very rare for no deeds to show on land registry.....

are you sure you are using the .gov.uk site?

the fees is £3.

dx

 

[MarthaLuna]

Yes I am sure I'm using the gov.uk site. I used the link BazzaS told me about.

As I stated in my initial post, my father didn't like spending  money and most likely when the Land Registry changed to details online, he might have had to pay for them to do  that and that's why he retained the deeds amongst his paperwork. Rare or not, that was him to a tee! He purchased the property in 1959/60 and I remember he paid the mortgage off early.