Assent - Holdings

Assent - Holdings

List of Holdings screen:

It is possible to split the folio(s) involved in the Assent into a series of 'Holdings', with each holding owned by different assentees.  For each Holding you create, a series of sub screens will capture the following information:

  • Assentee(s) for the Holding
  • Ownership Type for each Assentee for the Holding
  • Folios from which the Holding will be created
  • How the land in each Folio from which the Holding will be created is to be transferred
  • Details of any burdens registered against the Holding (plus details of any person(s) entitled to benefit of the burden)

At least one new holding must be created by the Assent.  When you have passed through the various Holdings screens and entered all of the details of the first holding, you will return to the List of Holdings screen and may then create further holdings to split the land of the deceased registered owner into a number of separate folios owned by different assentees.

Assentees for Holding screen:

  • Assentees for a Holding is the first in a series of sub screens used to capture data for a new Holding to be created by the Assent.  The screen can only be accessed by creating a new Holding or viewing an existing Holding (via the List of Holdings screen).
  • This screen shows a list of names you previously added on the Assentee Details screen.  Select the checkbox(es) shown alongside any assentees who are to become owners of the Holding you are currently creating.

Ownership Type for Holding screen:

  • Ownership Type for Holding is the second in a series of sub screens used to capture data for a new Holding to be created by the Assent.  The screen can only be accessed by creating a new Holding or viewing an existing Holding (via the List of Holdings screen), and progressing through the Assentee Details screen.
  • If a single Assentee is to own the new Holding, you will now be asked whether that assentee is to be a full or limited owner.
  • If more than one Assentee is to own the new Holding, you will be asked if they are to become Joint Tenants or Tenants in Common.  For Joint Tenants you may then select Full or Limited ownership to apply to all assentees.  For Tenants in Common, you must indicate whether the assentees will receive equal shares.  Where the shares are not equal, you will be asked to give the exact share value for each assentee.  On the Form 17, you will see the name of each assentee, followed by 'as a Tenant in Common of', followed by the share values you enter.  As an example, entering 'a thirty percent share' would produce 'Assentee X as a Tenant in Common of a thirty percent share'.  You will also be asked to indicate whether each assentee is a full or limited owner.

 

Folio(s) for Holding screen:

  • Folios for a Holding is the third in a series of sub screens used to capture data for a new Holding to be created by the Assent.  The screen can only be accessed by creating a new Holding or viewing an existing Holding (via the List of Holdings screen), and progressing through the Assentees for Holding and Ownership Type for Holding screens.
  • This screen shows a list of all folios available for this assent (as selected on the Select Folio(s) screen earlier in the Assent transaction).  Select the checkbox(es) shown alongside any folios to be transferred in the Holding you are currently creating.  Note that you should also select any folio(s) to be used for creating burdens.

 

How the Land is to be Transferred for Holding screen:

  • How the land is to be transferred for a Holding is the fourth in a series of sub screens used to capture data for a new Holding to be created by the Assent.  The screen can only be accessed by creating a new Holding or viewing an existing Holding (via the List of Holdings screen), and progressing through the Assentees for Holding, Ownership Type for Holding and Folios for Holding screens.
  • This screen shows a list of all the folios you selected for this Holding on the Folios for Holding screen.  
  • For each folio included in the Holding, indicate how the land is being transferred:
  1. All of the land in the folio.
  2. The residue of the land in a folio already part transferred in another Holding in this Assent.
  3. Part of the land in the folio.
  4. ‘No transfer’ should only be selected where ownership of the folio is not being transferred by the Assent and the folio is included only for the purpose of recording Rights, Covenants or Agreements (these are recorded later in the transaction as 'Burdens').
  • ‘PART’ land transfer:  Selecting ‘PART’ transfer of a folio will reveal a panel to record a description of how the part to be transferred is shown on the map accompanying your application. (view guidance on describing how the land is shown on the map).
  • If any leasehold folio is being transferred in part, an additional question will be shown to determine if the land is transfer is being charged with payment of the rent, and if so, obtain a description of how the land is charged.
  • Any part transfer of land requires that a map accompany your application. The map supplied must be based on the latest available Ordnance Survey plan drawn to the largest published scale e.g. 1/1250 or a Land Registry digital copy map.  In cases of a very small plot or for an area of complex Ordnance Survey detail, the location map must be supplemented by a larger scale plan.  This is particularly necessary where the transfer relates to a part of a building.

 

Burdens for Holding screen

  • Burdens for a Holding is the fifth in a series of sub screens used to capture data for a new Holding to be created by the Assent.  The screen can only be accessed by creating a new Holding or viewing an existing Holding (via the List of Holdings screen), and progressing through the Assentees for Holding, Ownership Type for Holding, Folios for Holding and How the land is to be transferred for Holding screens.
  • If there are no Burdens for this Holding, select 'No' in response to 'Are there any rights/burdens to apply for this holding?' and move on to the List of Holdings screen, where you will see that this Holding has been added to the list.
  • If there are Burdens for this Holding, select 'Yes' in response to 'Are there any rights/burdens to apply for this holding?'.  
  • Where there are a number of rights and a number of beneficiaries for each right, you should enter details of a single right as the Burden description. Only add the description of the right here - you will be given the opportunity to add beneficiary details later.  If any rights are mappable, your application must be accompanied by an approved map and the description of the mappable right must reflect the definition on the enclosed map.  
  • Ensure that you add details of persons entitled to benefit of the burdens you add by clicking on <Person(s) entitled to benefit>  alongside each burden in the list.  
  • For each person you add, you may use either of the following options:
  1. Enter only free text.  This option should be used to create an entry such as 'The First Assentee for this holding and her successors in title'.
  2. Use standard name and address fields, with the option to append additional free text.  This allows you to enter new name and address details, which can then be reused if the person is also entitled to benefit from other burdens for this Holding, or in other Holdings.
  3. Alternatively, you may reuse names and addresses you have already input for assentees, or for persons entitled to benefit of burdens from this Holding or from other Holdings.
  • Whether you enter a new name and address, or reuse existing details, you will be asked for any additional text - this will be appended to the name and address shown on the printed form.