House Ownership

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Bert45 | 21:38 Tue 05th Feb 2019 | Law
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My Land Registry Land Certificate shows my wife and I as "Proprietor" (not Proprietors) of our house with Title Absolute. Form 19 (JP) "Transfer of Whole to Joint Proprietors" was used to transfer the property to us. Does this mean we are joint tenants or tenants in common, or is it not possible to say? All I can find on the internet is about joint tenants and tenants in common, nothing about joint proprietors.


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Have a look at section B propietorship register, if it is tennants in common you will find a restriction registered. This warns against disposition by one owner.
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The proprietorship register shows my wife and I as 'Proprietor' in the first paragraph. In the second it say 'The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.' There is nothing about disposition by one owner. Does this mean that we are joint tenants? Why can't it say that we are proprietors as joint tenants (or tenants in common, as the case may be)?
my throw of the die:

JP19 doesnt seem to specify joint or common.
it is about transfer to more than one person
I think it is most likely to be tenants in common unless you specified

and jointure and commonalty is all about the nature of ownership and not about the power to sell. we didnt look at the title at all when we were working out whether we were tenants in common or joint.

Property Sale Rights. ... Generally, owners in joint tenancies and tenancies in common can sell their interests in the properties they own with others. However, an owner in a tenancy in common or a joint tenancy can't sell the ownership interests of the other owners holding title in the property.

so you cant sell her part if that is what the question was really about

oh and thanks for the q
I would never have found
if you hadnt asked

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