Hm Land registry change of name on title to wrong name

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    Hm Land registry change of name on title to wrong name

    Hello all, new member here and I’m in desperate need off some advice.

    My grandfather passed away many years ago and left 98 acres of woodland to my grandmother to be handed to me and my family when she passes there is 16 of us and that was our inheritance from the family business. Being a 50/50 shareholder of the Land my grandmother filled in a as1 I believe it’s called when my uncle the other part owner passed away recently to get my grandfathers name taken off and hers put in its place. However when we done a title deed search it came back that he was now the full sole owner and my grandfathers name had been removed from the title. We spoke to hm Land registry and was told simply they had made a mistake and we should contact our solicitor if we had a problem. They would not rectify their mistake and since then my aunt has made enquiries to sell the land. We really do not have the money to take hm Land registry to court. Is there any way of rectifying this without it costing us more than what the lands worth. It’s leasehold and simply only there for family holidays and sport by way of shooting/foraging a nice way away from the hustle and bustle. Any advice welcome thankyou

    #2

    I should first state this is not my area but the following might be relevant.

    I suspect the Land Registry did not make a mistake but acted on the information provided. If they made a mistake there will be provision for it to be corrected.

    When you grandfather died the executor of his estate should have transferred his interest in the land to your grandmother. When your uncle died his executor should have transferred his interest in the land to his beneficiary or beneficiaries of the land. I assume, from your comments, the beneficiary of your uncle’s share of the land was your aunt.

    Reading between the lines it appears the position now is 100% of the land was transferred to your aunt who is now the legal owner. Therefore, she has title and will be able to sell the land.

    The easiest route is for your grandmother and aunt (assuming agreement) to rectify problems by making a new application to the Land Registry to reflect 50/50 ownership of the land. However, make sure it is tenancy in common and not a joint tenancy. In the case of the former each owner can leave their share to any beneficiary BUT if joint tenancy it automatically passes to the joint tenant. So if your grandmother passed first your aunt would own 100% of the land and vice versa.

    By the way, your grandmother might want to consider a trust as 16 people cannot be registered, one title, at the Land Registry (maximum I believe is 4).

    As I mentioned this is not my area but should provide food for thought. MOST OF ALL BEST ADVICE IS CONTACT A SOLICITOR OR CONVEYANCER TO PROVIDE ADVICE AND DEAL WITH LAND REGISTRY PAPERWORK.

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      #3
      Thankyou so much for this information I will pass it on we have now instructed solicitors.

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