How to find out if you are Joint Tenants or Tenants in Common?
Download your title deeds from the Land Registry and if there is a Form A restriction under Section B: Charges, then you are tenants in common. If the restriction isn't there then you are Joint Tenants. A Form A restriction states:
"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."
Severing Joint Tenancy Without Consent
This is most commonly linked to one or other of the joint tenants wishing to change to tenants in common as a result of a disagreement. When severing joint tenancy without consent the Form SEV is still completed, however it is only completed by one of the Joint Tenants, however more evidence is required:
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1
Serve a written notice confirming the change on the other Joint Tenant (known as a 'Notice of Severance').
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2
Complete the Land Registry Form SEV - Application to enter Form A restriction on severance of joint tenancy by agreement or notice. You can use the SEV with supporting evidence to change the title ownership to tenants in common without the other Joint Tenant's consent. If you don't have supporting evidence then you will need to complete a Form RX1 to register a ‘form A restriction’.
Evidence of severance when there is no consent
Option B - Application is not by all the registered proprietors – severance is by document signed by all the registered proprietors - This option allows one of the joint tenants to make the application as long as they can evidence they have from the other joint tenant either:
- The original or a certified copy of the document is enclosed (letter of severance); or
- the conveyancer certifies they hold the original or a certified copy of the severance document
Option C - Application is not by all the registered proprietors – notice of severance has been served - - This option allows one of the joint tenants to make the application when the other joint tenant hasn't signed the severance document but has been served with it. The evidence required depends on how the severance document was served and the options are:
- The original or certified copy of the notice of severance and a signed acknowledgement of receipt by the other registered proprietors is enclosed.
- The original or certified copy of the notice of severance and my certificate is enclosed, confirming that the notice was given to the other registered proprietor(s), left at their last known place of abode or business in the UK or sent by registered post or recorded delivery service to them at their last known place of abode or business and not returned undelivered.
- I am the applicant’s conveyancer and I certify that I hold the original [or certified copy of] notice of severance with an acknowledgement of receipt signed by the other registered proprietors.
- I am the applicant’s conveyancer and I certify that I hold the original [or certified copy of] notice of severance, and that it was served on the other registered proprietors in accordance with sections 36(2) and 196 of the Law of Property Act 1925.
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3
Send the form and supporting documents to HM Land Registry’s Citizen Centre. There is no Land Registry fee to pay if the application is made by mutual consent of the joint tenants.
Do you need help to Change from Joint Tenants to Tenants in Common?
The process can be complex so if you need change the legal title from joint tenants to tenants in common we have specialist solicitors to help. Call 0333 344 3234 (local call charges apply) and we'll discuss the process with you or click below to get a quote.
- Basic Deed of Trust to share income from property in unequal shares (needed for Form 17)
- Updating the legal title and registering a restriction
- Handling communications with party who doesn't agree to the changing of ownership
Fixed Fee – Specialist Conveyancing Solicitors - 5 Star Trust Pilot Rating