Respective shares in, and capacity in relation to, the premises

Short Description:

The shares and capacity being held by the parties in relation to the premises affected, e.g. joint tenants, tenants-in-common in equal shares etc.

Quick Tips:


Q1: Should the capacities of Vendor be entered into the memorial e.g. joint tenants/tenants-in-common in equal shares?
A: It is not a must. However, if the vendor's capacity is stated in the memorial, it should be the same as the instrument & the land records.

Q2: Should we insert the Assignee's capacity to the memorial for instrument registered under the incumbrances e.g. Agreement for Sale & Purchase?
A: Normally, it is not a must. However, it depends on the nature of the instrument. For example, in case of Deed of Severance or instrument of similar nature, the capacity and the share of the Assignees should be stated in the memorial.

Q3: Will the Land Registry accept registration of a Provisional Agreement for Sale and Purchase even though the capacity of the Purchasers is not stated in the instrument and memorial?
A: Yes. However, for an Assignment, it will be withheld from registration for clarification if the capacity and share of the Purchasers are not stated in the instrument and / or memorial.