england-and-wales property
Inherited tenancy-in-common and overriding interest
<p>This question is specifically about the law in England and Wales.</p>
<p>X and Y are joint tenants.
Y severs the beneficial joint tenancy to become a tenancy-in-common (with a written notice). Y dies leaving his share to Z in a Will. In between Y's death and the distribution of the Will, X sells the property to Q and makes no mention of Z having an equitable interest in the property. What are Z's rights in the property? Does Z have an overriding interest?</p>
<p>Note: the change from the joint tenancy to tenancy-in-common was not registered.</p>

<h2>If it isn’t registered, it didn’t happen</h2>
<p>That’s all there is.</p>
<p>The land registry in England and Wales is definitive for all transactions for the whole country since 1998 (the exact date depends on which part of the countries).</p>
<p>If the joint tenancy was registered and the change wasn’t then it’s still a joint tenancy - X owned the land on Y’s passing.</p>
