https://hmlandregistry.blog.gov.uk/2014/02/24/conveyancing-solicitor-or-diy/

Conveyancing: solicitor or DIY?

House and keys

We sometimes get asked whether people can do their own conveyancing. The short answer is yes you can, and we do provide some procedural guidance on what’s involved, such as how to complete a transfer form and what to do when a property owner dies. However, if you are considering doing some DIY conveyancing, it’s very important to be aware of a few things.

There is a lot more to the conveyancing process than just completing and sending us forms. Very often, there are also searches and other formal enquiries to be carried out before a transaction can take place safely. If these aren’t done properly, or if they’re not done at all, then big problems can arise after a transaction has happened. For example, someone other than the current owner might have an existing interest in the property that might only come to light afterwards.

Also, depending on the type of transaction, there can be quite a lot of legal and financial aspects that will need to be covered in the preparation of the documents. These may not be part of the standard forms.

If you’re a DIY conveyancer, all parties involved may have to get their identities verified before an application can be made to us to register the transaction. If you’re using a solicitor, they will take care of this.

If the transaction involves a mortgage, it’s almost certain that the lender will insist that a solicitor is used for the conveyancing.

If you do your own conveyancing and something goes wrong, then normally you’ll have no cover. If you use a professional conveyancer, you’ll be covered by their professional insurance.

This is why the vast majority of land transactions are handled by professional conveyancers, like solicitors. HM Land Registry is no substitute for the professional advice and support they can give. We can only give advice about our processes.

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316 comments

  1. Comment by Darren Grant posted on

    I have done DIY conveyancing and it is really easy. Don't be intimidated by solicitors who claim they give you extra protection. There is no additional protection as their contract with you prevents them from being held responsible for anything.

    Reply
    • Replies to Darren Grant>

      Comment by Tanel Kagan posted on

      As a solicitor I'm actually very glad that you were able to successfully carry out the job without problems, but please don't misinform other members of the public.

      First of all solicitors are regulated, qualified and insured, and clients receive the protections of both a code of conduct enforced by the SRA, and a minimum £2,000,000 professional indemnity cover if things go wrong.

      Second, no solicitor worth their salt would "intimidate" a potential client into using their services. That is not allowed under our code. We might say "we strongly advise using a solicitor" but we cannot and do not say "you must use us". If the potential client wants to instruct someone else, fine.

      Third, a solicitor may limit a retainer, and limit what they are are responsible for, but this has to be transparent. It is open to the solicitor and client to agree what they are advising on and what they are to be responsible for. If you don't think you are getting any protections and something doesn't sound right, use another solicitor. The problem is that some clients think that the solicitor must be responsible for *everything*, whether it was actually part of the solicitor's job to advise on that aspect or not.

      Just as with everything else, you only know the value in expertise when something goes wrong. I've done many bits and pieces on my car but I'm not a mechanic. I've changed light fittings and sockets but I'm not an electrician. There are always examples of situations where professional assistance is not necessary, but trust me I've seen quite enough "DIY" jobs where later on there is an issue and they expect me to fix it.

      All the best.

      Reply
      • Replies to Tanel Kagan>

        Comment by Bruce Winslade posted on

        Tanel, you are clearly unaware of some of the shenanigans your legal colleagues get up to. As a DIY conveyancer for our own homes purchases (twice), I can certainly testify that there are a number of dirty tricks that solicitors get up to persuade and intimidate people to use them. I haven't the time to give you an exhaustive list, but they range from patronising ("oh, you're doing your own conveyancing, never encountered that before, how.... odd!") to refusal to deal, to raising false SARs, to defamatory accusations that you are breaking the law, to demands to pay full amounts into THEIR trust accounts in advance of exchange of contracts - the list of commonplace bullying behaviour goes on and on and on.
        You may be a good solicitor and an ethical man, Tanel, but your defence of the legal profession is rather naive. There are elements of the legal profession's behaviour in conveyancing that bear more resemblance to a protection racket than a quality assurance system. I would also point out that the 'closed shop' nature of the profession includes plenty of intra-profession protection against anyone being able to successfully complain to any authority about the behaviour of lawyers. This couldn't be designed better to make people give up! The Law Society, the Legal Ombudsman, the Solictors Regulation Authority? Which one? Pick one at random, then go their vague websites, their dysfunctional search engines, and see if you can find a simple path to complain about a rogue solicitor - even to get heard would be a miracle, let alone find a way to have unethical behaviour brought to heel.
        And yes, there is always the old saw that solicitors will know what to do when things go wrong - but solicitors are not intrinsically more logical than lay people, nor necessarily more able to spot errors or predict problems.
        Land Registry are not much better, but that's another story!

        Reply
        • Replies to Bruce Winslade>

          Comment by Tanel Kagan posted on

          Bruce, I would never try to claim that no solicitor would ever get up to any mischief, but that's not specific to the legal profession. There are dodgy plumbers, dodgy mechanics, dodgy double glazing salesman and dodgy whatever else.

          My supposed defence of the entire profession (which it wasn't) is no more "naive" than believing that because you have had some success with conveyancing, that anyone and everyone can and moreso *should* go it alone as a matter of course.

          Yes, there are simple situations where it is ok, just like I can dress my own wound if I accidentally cut myself with a kitchen knife. But that doesn't make me a surgeon.

          And when you talk about a "closed shop" - what is the alternative? Give anyone that wants to provide legal services a licence and put the public at risk? You'd be back complaining about their incompetence, and rightly so, but be careful what you wish for. Qualifying as a solicitor is hard, as it should be, because at the end of the day clients want to know that there is a robust process in place for before a person is given the responsibility of dishing out advice and dealing with your valuable assets.

          As for complaints, it has never been easier for clients to complain. The Law Society is a representative body so you don't complain to them, but if you have a complaint as to service, you can raise it with the Ombudsman. If there is an issue as to conduct, it's the SRA. Complaints aren't heard only by other solicitors, although there may be solicitor members of these organisations. If anything, it has become so easy to complain, that lawyers are spending unnecessary time and expense just trying to placate the "consumer" even where there is no merit in the complaint whatsoever.

          I entirely agree that solicitors are not inherently "more logical" than lay people. Some are, some aren't. But this isn't about logic, it's about knowledge. Of course if you have sufficient time and intelligence you can learn the processes for yourself, no problem with that, but this assumes that you learn them properly and fully.

          Learning "on the fly" in the middle of a transaction can cause major problems not only for yourself but for your opposite number, which is why solicitors will generally be reluctant to deal with an unqualified person. It is not "breaking the law" to do your own conveyancing, but it is an offence to charge someone else a fee for acting on their behalf. Not only that, a non-solicitor cannot give undertakings so (for example) funds being paid into an account in advance may be the only way to secure compliance by a non-solicitor with a certain obligation.

          Best of luck with your work, but one size does not fit all!

          Reply
          • Replies to Tanel Kagan>

            Comment by Mark Arnold posted on

            I have accepted an offer for a freehold, residential, registered, detached bungalow that I own. There is no mortgage involved (by either side) and the property is vacant. My lawyers stopped offering domestic conveyancing some years ago so I have decided to do the sell side work myself. I am a retired Chartered Accountant and feel quite able to do this task. However the lawyers acting for the buyer insist that I MUST appoint a lawyer to act on my behalf. They cite various reasons (anti money laundering & the need to certify documents). It feels to me that they are simply unwilling to deal direct with me and want to keep another law firm busy.

          • Replies to Mark Arnold>

            Comment by AdamH posted on

            Mark - purely a matter for you and the seller/their solicitor to resolve. If they insist I'm afraid we can't challenge them on that point, only you can so may be worth speaking to your lawyers to get a view despite them no longer doing conveyancing. They will still be able to advise on what restrictions (if any) exist.

        • Replies to Bruce Winslade>

          Comment by Joan Evans posted on

          Hello Bruce
          If you are still linked in your message re. DIY conveyancing....I would appreciate any advice you can offer me.
          I wish to transfer ownership of my property, from 2 people owning it to one.
          Thanks
          Joan

          Reply
      • Replies to Tanel Kagan>

        Comment by Daisy French posted on

        In my opinion the process to claim against a solicitor, via the SRA (as I have not met one yet that will provide a copy of their indemnity insurance) is cumbersome and biased in favour of the solicitor. You have to convince the SRA first you have a genuine claim. The section of the SRA who undertake this review are experts in nothing more than rejecting insurance claims.

        After 30+ years I am still to meet a honest solicitor/lawyer. I would like to see full analytics of the SRA’s operations in this department, which I would lay my pension on demonstrates such bias.

        Reply
      • Replies to Tanel Kagan>

        Comment by Marcus Speer posted on

        With regards using a solicitor for purchasing a leasehold property, why don't they ever tell you that buying a leasehold property in the UK leaves the leaseholder open to total fraud and abuse by the freeholders - Why don't they tell you that if a freeholder doesn't want you to sell your lease on to others except at a much reduced price to the freeholder under duress, they can actually get away with this - and often use HM Courts and Tribunals to ensure that you cannot sell your lease on in the open market. When one buys a leasehold property in the UK, you are not simply buying the right to live in or use a piece of land or property - you are entering into a contract with strangers who can be unscrupulous bullies who are often closely tied to politicians, the police and the judiciary, possibly through freemasonry, so you are stuffed if you ever try to fight back against their fraud - this is what I've experience for twenty five years - and sure enough, I am still stuck with my leasehold as I refuse to sell up my lease at a 30% discount to the freeholders and will continue to fight their fraud under Section 4 of the Fraud Act 2006.

        Reply
    • Replies to Darren Grant>

      Comment by Jackie Sweeney posted on

      Hi Darren i am delighted you managed to do the conveyancing yourself. I am in the middle of preparing all documents to do it myself too. My situation is that my dad has gifted me a site so it will be part of an existing folio. I found that all the solicitors have no interest in playing any part unless the get to do the entire transfer them selves which is very expensive considering i would have to pay for a solicitor for my dad and then a seperate solicitor for myself. If you could give me any advice on doing it myself it would be greatly appreciated.
      I think what i need are is
      form 17, form 21, Identification form, land registry map and a tax certificate. Is this everything i need or am i missing something ????

      Reply
  2. Comment by James posted on

    Can I do a transfer of title myself. I want to gift half the house to my partner. No mortgage. James

    Reply
  3. Comment by lee edwards posted on

    hello i am trying to separate a title deed, the deed cover two flats which my brother and myself own. My brother is gifting one of the flats to me in order to re-mortgage and buy a house. my solicitor has told me it will take up to six months due to a land registry back log is this true?

    Reply
  4. Comment by M James posted on

    If we do our own conveyancing to transfer some garden land to us, will we need to get our identities verified? The transferor will be using a solicitor.

    Many thanks

    Reply
    • Replies to M James>

      Comment by adamh posted on

      M James - if the true value of the land is worth less than £6,000 then we would not normally require evidence of identity although we reserve the right to request it.
      If it is worth less than £6,000 then we would require evidence from an independant third party to confirm this for example an estate agent, surveyor, bank/building society

      Reply
  5. Comment by steve posted on

    Hi could you please outline the process of selling and what I would have to do (which forms etc )

    Reply
    • Replies to steve>

      Comment by NimishP posted on

      Steve - There is no set process for selling. It depends on how you market the property, i.e. appoint an Estate Agent or sell it yourself through other means. You should first examine the register of your title to confirm its status.
      In terms of the forms, as the vendor, all you would need to complete is a transfer in form TR1. As you have indicated in your previous post that you wish to act for yourself, you will need to have your identity verified in a form ID1.
      You will also need to discharge the legal charge if your property has a mortgage. This would usually be done by the lender completing a form DS1, once the mortgage is redeemed. Finally, if there are any restrictions on the title, you will need to satisfy the terms of those restrictions.
      Apart from this, the application to change the register and the registration fees, stamp duty land tax, etc would be the responsibility of the purchaser.

      Reply
      • Replies to NimishP>

        Comment by steve posted on

        Dear NimishP
        Thanks for your prompt response which is very helpful.
        I have found a buyer so it's a case of completing the relevant forms and redeeming the mortgage.
        Would I be responsible for drawing up the contract of sale?
        Regards

        Reply
        • Replies to steve>

          Comment by NimishP posted on

          Steve, it would be between you and the buyer or their legal representative to agree about contract of sale.

          Reply
  6. Comment by Oly Gilly posted on

    I would like to register interest in a property owned by my husband in his sole name to avoid him making me homeless before the divorce. Do you have any guidance for filling the HR1 form? Please

    Reply
    • Replies to Oly Gilly>

      Comment by adamh posted on

      Oly - there is no additional guidance other than the explanatory notes provided on the form itself.
      If you are unsure as to what needs to be included/completed then it may be easier to ring us on 0300 006 0411 and we can assist

      Reply
  7. Comment by NimishP posted on

    Hi Anna - we can only give procedural advice on what forms you would have to use for a particular application. I would suggest you refer to our Practice Guide 19: Notices, restrictions and protection of third party interests for guidance on how to protect your interests as a third party - https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register.

    Reply
  8. Comment by Steve Rafferty posted on

    We are buying land from our neighbours but one name on the title is still in the maiden name of one of the owners. Will you accept a marriage certificate as proof that their name has changed?

    Reply
    • Replies to Steve Rafferty>

      Comment by adamh posted on

      Steve = yes. We ask for an official/certified copy of the marriage certificate to be submitted and not the original

      Reply
      • Replies to adamh>

        Comment by Steve Rafferty posted on

        Thank you for the quick reply. Will you require any further ID from the people selling the land?

        Reply
        • Replies to Steve Rafferty>

          Comment by adamh posted on

          Steve - if the parties are not legally represented then yes.
          Are you all using a conveyancer or is this a DIY application? - if ther latter then you will all need to complete ID forms and have your identity verified

          Reply
          • Replies to adamh>

            Comment by Steve Rafferty posted on

            The people we are buying from have appointed solicitors. However as the buyers we are doing DIY conveyancing. Do we still need to ask our neighbours to complete the ID forms or just do it for ourselves?

          • Replies to Steve Rafferty>

            Comment by adamh posted on

            Steve - if you have not already viewed our online guidance re transferring ownership then I would reommend doing so
            https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

            The guidance includes how to complete the forms and this will also cover the identity requirements The form AP1 also explains how oyu would need to complete panel 12 and 14 of the form re the other parties being legally represented

  9. Comment by Andy Pearson posted on

    Hello everyone down at the Land Registry, I hope you had a good time over the bank holiday. I wonder if you can offer me any guidance with the following situation?

    My mother inherited a fell side property in the northern Lake District from her Aunt. She retired there about 20 years ago and now wants to gift the two small fields that came with the property; one to me and one to my brother in law.

    I've checked with the land registry and the property does not appear to be registered. Each field is about 1.5 acres and, being steep fellside, are worth much less than £6000. I therefore believe that neither myself nor my brother in law need complete a form ID1. I believe each field will require a form TP1 along with a form AP1.

    Am I on the right track? Since the holding is not registered does it first need to be registered before it can be gifted? If it is as simple as I hope do any further forms need to be submitted?

    The fees charged by solicitors seem excessive for what I believe to be a very simple transaction and so I wish to do my own conveyancing in this matter. Of course it does need to be done correctly and so I would appreciate any help you can offer

    Reply
    • Replies to Andy Pearson>

      Comment by adamh posted on

      Andy - if the land is unregistered then you would complete a first registration using forms FR1 and DL. A form AP1 would only be used if the land was already registered.

      You can use a form TP1 or have your own deed drawn up to convey/transfer the ownership as appropriate.

      Whether the property/land is registered first and then the 2 fields transferred is up to you but I would recommend considering registering the property and land at the same time for completeness - going through the first registration process again in the future for the remaining property can therefore be avoided.

      If the value of the land is less than £6,000 then we won't need ID evidence but we would need a valuation to that effect.

      Reply
  10. Comment by Darren Grant posted on

    So the land value is £200, what is the worst that can happen if you do it yourself? Clearly the worst that could happen is that you would do something wrong and title wouldn't be properly transferred to you. Is it really worth spending £500 just to avoid loosing £200 by making an error.

    The thing is, it is not a house so does not require an inventory. You are unlikely to need a local authority search to find out if any new roads etc are going to be built near your little bit of land. SO all you are left with is transferring the title. You just fill in the forms from the Land registry and your done. Title recorded on the Land registry is guaranteed. So if they record your ownership and someone comes along later to dispute it, it is the land registries problem not yours.

    Reply
  11. Comment by Catherine de wattripont posted on

    Our neighbour has kindly given us a corner of garden a triangle 225cm by 225cm it has little worth do we need to come to the land registry office to get all signatures verified or could somebody witness these for us!!! Nearest office is 200 miles away and inconvenient for us all to attend together !! Any advice please
    Neither of us wish to involve a solicitor

    Reply
    • Replies to Catherine de wattripont>

      Comment by NimishP posted on

      Catherine - We do generally require evidence of identity for all legally unrepresented parties where there is some form of change in the ownership. This includes registration of transfer, lease, a Legal Charge (mortgage), removal of Legal Charge, Change of name, etc. There are some exceptions to this.

      You do not need to visit Land Registry office to have your identities verified if you are not employing the services of a Solicitor or a Conveyancer to submit your application. You can have the identities verified by a solicitor, licensed conveyancer, notary public, barrister, CILEx Conveyancing Practitioner, Chartered Legal Executive Conveyancing Practitioner or a Chartered Legal Executive without employing their services to make the application. They may, of course, charge you some fees for the identity verification. You can then submit the application with the completed identity evidence to Land Registry for registration.

      You state that the piece of land "has little worth", in which case I would draw your attention to one of the exception where we do not require evidence of identity - if the value of the land is less than £6000.

      I would suggest you refer to the guidance on completing forms ID1 and ID2 on our website, particularly the section titled Exceptions, by clicking on the link attached - https://www.gov.uk/completing-forms-id1-and-id2

      Hope this helps.

      Reply
  12. Comment by Steve Haynes posted on

    I wish to buy a lock up garage adjacent my property, the current owner is a close neighbor and has offered my the garage, do I need to do all the checks as for a dwelling I.e. All the local authority searches, local land charges search, bankruptcy search .
    Steve

    Reply
    • Replies to Steve Haynes>

      Comment by adamh posted on

      Steve - that is entirely your choice and we cannot advise you on such matters I'm afraid as it is legal advice you need as to what checks you should carry out.

      In my experience buying a garage, land or a house follow the same conveyancing rules but it is your choice

      Reply
  13. Comment by Jan Somerville posted on

    Good Morning
    Just I hope a simple question. I need to complete ID1 for a form I must file with Land Registry. Can a Chartered Accountant counter sign rather than a Chartered Legal Executive?

    Reply
    • Replies to Jan Somerville>

      Comment by adamh posted on

      • Replies to adamh>

        Comment by Jan Somerville posted on

        Sorry to press you Section B says a solicitor, is that OK and I assume they also complete Part 3 plus the photo?

        Reply
        • Replies to Jan Somerville>

          Comment by adamh posted on

          Jan - a solicitor is fine and yes they would also complete sections 3 and 4 as they are the 'verifier'

          Reply
  14. Comment by Eileen Bird posted on

    I have just purchased a garage plot from local council and am not sure what documents I need to register it, should I ask a solicitor to register this for me

    Reply
    • Replies to Eileen Bird>

      Comment by adamh posted on

      Eileen - we always recommend using a conveyancer simply because they are familiar with the registration process and required forms etc but they can also cover a wider range of matters often related with land/property purchases

      Reply
      • Replies to adamh>

        Comment by Eileen Bird posted on

        ok will try to do it myself have watched the video was just a little onfused about the forms after watching this. I have already downloaded AP1 to attach to DS3. if I get stuck then I will think of paying someone to do it

        Reply
  15. Comment by I Grant posted on

    My aunt passed away and left her property to myself and my son. I dealt with all the probate myself...Do I need a solicitor to get it legal ownership and have the deeds put into our names?...There is no mortgage.

    Reply
  16. Comment by KATHY NEWBURY posted on

    My son wants to transfer a property to us (his parents) with no money changing hands. Think this should be straightforward?

    Reply
    • Replies to KATHY NEWBURY>

      Comment by adamh posted on

      Kathy - form filling can be quite straightforward but as the blog article explains there are often wider matters/issues to be considered such as what happens in the future, inheritance and wills.
      Our online guidance explains how to transfer the ownership
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      The blog comments are not a 'forum' for discussion normally so if you are looking for wider thoughts or feedback from others re their own experiences then I would suggest trying an online forum such as Money Saving Expert

      Reply
  17. Comment by NimishP posted on

    Hi Grant
    Please email customer.service@landregistry.gsi.gov.uk with full details of the property and what is happening so that we can respond property.
    Thanks

    Reply
  18. Comment by NimishP posted on

    Catherine - Land Registry staff can only verify an identity when an application to change the register is being submitted at the same time We cannot verify an identity and then give the form back to you to pass it on to the buyer's solicitors. So, unless you can arrange that you attend Land Registry office for identity verification together with the buyer's solicitor and they submit the application at the same time, we would not be able to verify your identity. This would mean you have to have your identity verified by one of the other group of people authorised to do so.
    Hope this helps.

    Reply
  19. Comment by NimishP posted on

    RKING - Please refer to our Practice Guide 24: Private trusts of land for explanation on our approach to joint ownership.
    https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land

    Reply
  20. Comment by RKING posted on

    Thanks for the pointer... Ill take a look.

    Reply
  21. Comment by Zoe Gleisner posted on

    Could you please help - We're looking to buy a property that has two title deeds, one of which was just registered last year following a redrawing of one of the boundaries. This new title however includes the restrictive covenants from the old title even though they are not applicable to this land - what should I do about having this rectified?
    Thank you

    Reply
  22. Comment by Aaron Gavin posted on

    Some advice would be greatlty apreciated.

    Myself, My brother and my sister have recently purchesed a property from my sisters father for the sum on £35,000.

    The seller (my sisters father) used the services of a solicitor during this process, as other matters needed dealing with on their end (ensuring the mortgage was paid, removing a restriction from the title register, etc... before sale). But as cash buyers with trust in the teller, we have opted to go the DIY route.

    Were we are up to; money has changed hands (we paid the sellers solicitor, who sorted payment to the seller on their end once the TR1 form was completed). We have now been given the completed TR1 form (signed by the seller and witnessed by their solicitor, and signed by ourselves, the buyers, and signed by our witness). The seller has moved out of the property and are happy that the property is now ours to do as we please.

    My understanding is that we now need to send the TR1 form to the land registry office in order to get out names on the title. Despite the sellers solicitor informing us that we simply need to send the completed TR1 form in order to do this. Looking online I have found that the TR1 form must be accompanied by completed forms AP1, and, because we are proceeding without legal representation, and ID1 form.

    Please could someone confirm/advise on my understanding of the forms required to complete the transfer?

    Also, we went ahead without legal representation due to very limited funds (having struggled to get the £35.000 together to buy the property in the first place). Therefore is there any way that our identities can be confirmed at minimal/no cost, and if so were can this be done/who is able to do this? (we are in the greater manchester area).

    We probably took on tasks too far outside our own abilities, but our decisions have been informed mainly by financial constraints.

    Thanks for any advice.

    Reply
    • Replies to Aaron Gavin>

      Comment by adamh posted on

      Aaron - you will need a form AP1 as this is the required application form
      You will also need forms ID1 for each party who is not legally represented
      Our online guidance links you to the registration requirements and notes to assist with completing the forms/process
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      Reply
      • Replies to adamh>

        Comment by Aaron Gavin posted on

        thanks for your responce.

        im guessing its just ourselves (buyers) who need the ID1, as the TR1 was completed/stamped, etc... by the sellers solicitor.

        if this is the case, im guessing that i may need to pay a local solicitor to sign the ID1's, as my local land register office if quite far away. negating the financial benefit of attempting to do this 'DIY'.

        cheers.

        Reply
        • Replies to Aaron Gavin>

          Comment by adamh posted on

          Aaron - you can insert the seller's details in panel 14 of AP1 but as you state you will need to provide ID evidence for each of the buyers

          Reply
          • Replies to adamh>

            Comment by Aaron Gavin posted on

            Thanx for the confirmation.

            Looking at the list of land registry offices on the .gov website, we could possibly try and find a day were all parties (buyers) are able to go to either the Preston or lytham office. As I have read that they can confirm ID and check that the forms are correctly completed upon appointment.

            Is this correct, and do you know what the fee for ID check at the land registry office is? (I'm assuming that it's less than a solicitor).

          • Replies to Aaron Gavin>

            Comment by adamh posted on

            Aaron - you can make an appointment (72 hours notice required) at any of our offices
            There is no fee but the application and ID evidence must all be in order for us to then accept the application
            http://landregistry.custhelp.com/app/contactus_appointment

          • Replies to adamh>

            Comment by Aaron Gavin posted on

            Thanks for your quick response.

            I will attempt to make an appointment at my closest office next week and get our ID confirmed/forms sent off.

  23. Comment by Ian posted on

    Hi.

    As my colleague mentioned, you will need forms ID1 for each party who is not legally represented. If the seller is legally represented, you need to give full details in panel 14 - i.e. full name of seller and name, address and reference of their solicitor.

    Please also note that as my colleague has also mentioned, the application and the ID evidence for us to verify must both be in order and ready to be lodged at the same time when you visit us.

    Reply
    • Replies to Ian>

      Comment by Aaron Gavin posted on

      Thans for the reply Ian.

      Think I'm more confident now in the completion of relevant forms, ready for ID appointment at my nearest office/sending of application.

      Just one more question. As I will be completing the our detsils (buyers) and the sellers details in 'panel 14' but not in 'panel 6' (which will just indicate the aplicants as ourselves; buyers).
      In 'panel 14 (2); evidence of identity' am I correct to assume that I will cross the first box - 'for each applicant named in panel 6 is enclosed'? Or because the people listed in 'panel 6' is different to that in 'panel 14' (the addition of the sellers details), would I be required to tick the second box - 'for each unrepresented transferor, landlord, transferee, tenant, borrower or lender listed in (1) is enclosed' (although the ticking of either box would seem trues in this situation; indicating that all those listed in 'panel 6' and those in 'panel 14' who are not legally represented will have confirmation of ID attached).

      Thankyou for your support. Fingers crossed all will go well when I submit my application.

      Reply
      • Replies to Aaron Gavin>

        Comment by Ian posted on

        Hi.

        Yes I think you've got that correct. Panel 6 would essentially be yourselves as buyers. Panel 14 would be full details of both buyers and sellers as you've said, with details of the seller's representation where appropriate.

        In 14(2) you can actually tick both boxes as long as the applicant and the buyers are the same. But if you want to just tick the second box that should be fine as that effectively covers everyone.

        When you visit for the ID verification, the LR officer will be able to make a brief check of your form and you can mention anything you're unsure of at that stage.

        Reply
  24. Comment by Ian posted on

    Regarding finding a solicitor - The Law Society can offer assistance with this - http://solicitors.lawsociety.org.uk/?Pro=False .

    This may not stop you selling the property, but if there is no resolution with your ex-partner ultimately this may have to be decided in the courts.

    Best to check with a solicitor about this and also concerning the costs involved. We essentially have an administrative role so are not authorised to give legal advice.

    Reply
  25. Comment by NimishP posted on

    Kim - It is not clear what advice you are seeking.

    We cannot assist in any manner that can be seen as legal advice, so can only assist with procedural guidance on registration matters. If you have any specific questions on that aspect, please do let us know.

    Reply
  26. Comment by Twwinny posted on

    Hi, we're in the process of right to buy our council house. We dont want to hire a solicitor as we're not taking mortgage or any loan. We have money ready to transfer to councils account. Now trying to find out what's step we have to take without a solicitor. What council is responsible for when selling their house to us?thank you

    Reply
    • Replies to Twwinny>

      Comment by adamh posted on

      Twwinny - we can not really offer any wider advice than refer you to our online guidance re transferring ownership
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      However this is not specific to RTB transfers and I would strongly recommend using a conveyancer to complete the purchase/registration. They will be able to explain what the Council are requried to do and ensure that the transfer is legal and completed correctly.

      Reply
    • Replies to Twwinny>

      Comment by Kim Shah posted on

      I bought my house from the council and the conveyancing is straight forward as there is little risk of fraud. Did not use a solicitor's holding account.You should be aware of house condition and any easements. Just check that the discount is correct.

      Reply
  27. Comment by Colin Hewett posted on

    Hi, would like to know if it is possible to (merely) fill in a land reg form to register the sale of 31% of a (regd) property to another family member (if so, which Form pls). The remaining 69% will continue to be held by a third family member.

    Reply
    • Replies to Colin Hewett>

      Comment by adamh posted on

      Colin - you cannot register sales of % shares I'm afraid as it is the legal ownership that we deal with and register.
      The % held by each owner can be attributed in the way suggested but that is invariably dealt with through a separate document such as a declaration of trust

      If you currently have two registered owners and you want to change one of them then the current owners would have to transfer the whole of the legal title to the new ones. So if A + B are registered then they would transfer to A + C.

      If you have a read of our online guidance on transferring ownership and the notes which accompany the forms used this will help.

      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      I would though also recommend seeking legal advice as to how best to protect each person's % share as appropriate both on the register in some way and in a separate deed

      Reply
  28. Comment by Janet Brimston posted on

    Hello

    I am wondering how hard it would be to transfer a strip of land I own. I own 8 acres and wish to transfer an acre of this to my son, as it is boggy and my horses keep getting onto it, despite fencing it off. My son has said he would decided this with a Devon bank so the horses cannot gain access. Obviously this would cost money and time and so I would like to give him this acre just to get rid of it and he can use it for storage. How do I go about it please.
    I am wondering how hard it would be to transfer a strip of land I own. I own 8 acres and wish to transfer an acre of this to my son, as it is boggy and my horses keep getting onto it, despite fencing it off. My son has said he would decided this with a Devon bank so the horses cannot gain access. Obviously this would cost money and time and so I would like to give him this acre just to get rid of it and he can use it for storage. How do I go about it please.

    Reply
    • Replies to Janet Brimston>

      Comment by NimishP posted on

      Hello Janet - You would have to transfer the part of the land from your title using a form TP1. This must include a map drawn to a recognised scale and showing clearly the extent of land that is being transferred. You will also need to submit an application form AP1, form ID1 for each legally unrepresented party, and the relevant Land Registry fees. If there is any money changing hands, you should contact HMRC to see if any Stamp Duty Land Tax is payable.
      Please refer to the guidance on our website for more information - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
      Hope this helps.

      Reply
  29. Comment by Rooi posted on

    Hi, I'm hoping you can help. We are looking into leasing a local Public House. Is there any guidance on land registry requirements that we can DIY? Thank you for any help.

    Reply
    • Replies to Rooi>

      Comment by adamh posted on

      Rooi - the only guidance we can provide re DIY conveyancing is provided in this blog article and in any linked to forms/guidance
      I am afraid we do not provide specific guidance on leasing a property and would strongly recommend that you seek legal advice

      Reply
  30. Comment by Catherine Smyth posted on

    Hi I want to sell my house worth £200,000. Is there anywhere online that will give me a link to the required documents and procedures to do the conveyancing work myself. There is a mortgage on the property to be redeemed. Sort of looking for a DIY procedure and papers. Thanks

    Reply
    • Replies to Catherine Smyth>

      Comment by adamh posted on

      Catherine - the online guidance we provide explains how to Transfer the ownership
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      This will not explain the conveyancing process as a whole for you though and you may wish to try your local library for books that will help there.

      Before looking to do this yourself you may want to also investigate how any buyer will approach the purchase as not using a conveyancer can pose problems for the buyer's conveyancer and/or mortgage lender particularly around the safe transfer of the purchase monies - such concerns may sometimes hamper the sale in so far as it reduces the number of interested buyers

      However we invariably only deal with the buyer who registers their purchase and not the seller so always best to investigate that angle more widely.

      Reply
  31. Comment by Katie posted on

    Hi my parents own their own property and want to transfer ownership to me and my sister. Do u think they need to instruct a solicitor or could we do it ourselves. Thanks

    Reply
  32. Comment by Elena posted on

    I have done DIY when registering my property and it is not too difficult as you get a lot of assistance from Land Registry people.
    Now, I am selling the property which we hold as tenants in common in equal shares with my sister who is abroad. She has sent a POA entitling my daughter as her attorney.

    My questions are:

    1 - Can I do conveyancing by myself in this sale ?

    2 - The identity forms to be filled are two (my sister's attorney + me) or three (My sister's attorney + my sister + me) ?

    3- Is the POA enough proof of identity from my sister as it was certified by foreign notary plus La Haya apostille?

    I would be really grateful if you clarify these pointe. Many thanks in advance.

    Reply
    • Replies to Elena>

      Comment by adamh posted on

      Elena
      1 - yes
      2 - Three - one for each party to the Transfer and one for the attorney
      3 - see 2

      Reply
  33. Comment by Kit posted on

    My brother and myself are lending to our sister to buy her existing house following a divorce. We want to register a second charge on the house and the first charge bank already agreed. We do not expect interests nor any commercial profit but only a second charge. Can you tell me if I can do it ourselves and what is required please. Our family loan is required in order to coincide with the completion of remortgage. For some reason, the conveyancing solicitor dealing with the first charge maintained that we need to give her a solicitor's contact. Is a solicitor necessary?

    Reply
    • Replies to Kit>

      Comment by adamh posted on

      Kit - you may find that the first lender's solicitor may insist on oyu using a solicitor as well and if they have to give their consent to your own charge then you may have little choice.

      Forms AP1 and CH1 are used to register and create a legal charge by private individuals. You will also need to prepare and complete form ID1 for each of you, namely the two brothers and your sister as all three would be parties to the charge.
      https://www.gov.uk/government/publications/change-the-register-ap1
      https://www.gov.uk/government/publications/legal-charges-registration-ch1
      https://www.gov.uk/government/publications/verify-identity-citizen-id1

      Reply
      • Replies to adamh>

        Comment by Kit posted on

        Thank you for your prompt reply. Sorry I did not make it clear that there is another solicitor for the remortgaging lender who already approved the second charge. This conveyancing solicitor was appointed by my sister representing her. In such case, is a solicitor really necessary?.

        Assuming we do not need a solicitor, am I correct to say that all we need now is AP1, CH1 and ID1 for me and my brother to be completed and forward to Land Registry?

        As mentioned, money is required when remortgage happens as part of the marriage settlement. Is the timing to register our charge matter at all? By this I mean can we to this now, at the same time as remortgage or any time after.

        Thanks you in advance.

        Reply
        • Replies to Kit>

          Comment by adamh posted on

          Kit - thank you for clarifying. We do not insist on your using a solicitor so this is usually a matter of choice for the parties involved.
          If the mortgage is to be attached to your sister's property then your sister will be 'charging' the property so will also be a party hence reference to the three ID1s
          The timing will be important as far as the first mortgagee is concerned to ensure that they have priority so it would either be at the same time or after . It would also be important from you and your brother's perspective to ensure you do not leave a gap within which any other interest(s) might be registered.
          That is though not something we can really give too much advice on as it is really legal/conveyancing advice
          Such matters should always be carefully considered and whilst often simple from a registration perspective there is a bigger picture for you all to consider and this is why we will always recommend seeking legal advice. We cannot insist that you do but it would be wrong not to do so

          Reply
          • Replies to adamh>

            Comment by Kit posted on

            Much appreciated for your impartial reply.

            We do not anticipate my sister will register other charges. In such circumstances, am I correct to say that all we need to do is AP1, CH1 and ID1 for the three siblings to be completed and submitted to Land Registry directly?

            For clarity, we do not need to liaise with my sister's solicitor at all if we are not concerned with timing as you explained (ie. register charge after remortgage).

            Thanks

          • Replies to Kit>

            Comment by adamh posted on

            Kit - that's correct
            I only mention timing being important to ensure any gap between remortgage and your won charge is not so wide that any other interests might slip in and gain priority.
            I mention this not as a slight on the family but simply that where a divorce is the catalyst other interests may exist or arise that could be an issue. However I suspect you and your sister would be well aware of these (if any) and therefore able to manage any such risk - it's no different to the transfer to her and remortgage and how the first lender will view the timing as being crucial to ensure their own charge has the right priority on the title

  34. Comment by Peter Brown posted on

    Hi, I've read your advice which is helpful, thank you. We wanted to transfer a property into joint names as tenants in common (split 75:25) so it seems we could effect that by completing the relevant forms ourselves if we wanted, but my question is would there be stamp duty payable if we have made a transfer for value, and if so how is it determined? We will be exchanging money as part of the process, but it won't necessarily relate to the notional value of the property, which has no mortgage.

    Reply
    • Replies to Peter Brown>

      Comment by adamh posted on

      Peter - you will need to contact HMRC to query stamp duty requirements I'm afraid

      Reply
  35. Comment by Wendy Carr posted on

    I am selling a flat which has a garage en bloc but wish to retain the garage. How do I do this and how long does it take? Does it need to be registered with land registry before completion can take place?

    Reply
    • Replies to Wendy Carr>

      Comment by Ian posted on

      Wendy - As this is a flat, there will normally be both leasehold and freehold titles registered with us. Any sale may only affect the leasehold title, but often the leaseholder will also own or have a share in the freehold - in which case that also needs to be considered and that can complicate matters.

      I hope I am correct that the title(s) for the property are already registered with Land Registry and you are referring to the registration of the sale? If so, please see our guidance on Gov which gives general information and refers to the forms involved (form TP1 is used where only part of the property is being sold):

      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      Our standard completion time for registration is 5 weeks, but more complex transactions such as this one are currently taking longer. The registration of the sale takes place after completion and is usually dealt with by the solicitors acting for the buyer.

      As mentioned, this type of application is not straightforward and on the vast majority of applications of this type, the parties involved are professionally represented. So if you are unsure as to how to proceed, I would recommend getting legal advice from conveyancer such as a solicitor.

      Reply
      • Replies to Ian>

        Comment by Wendy Carr posted on

        Yes the title is already registered with you and I do have a solicitor. However they are talking about needing a deed of variation which they say needs to be processed by you before completion can take place. Is this the case? Can I use TP1 and just sell part of the title, thus retaining the garage and if so is this form submitted to you after completion?

        Reply
        • Replies to Wendy Carr>

          Comment by Ian posted on

          Wendy - The forms to effect the sale transaction, whether using TP1 or one of our other forms, would be submitted to us after completion, and as mentioned, this would usually be done by the buyer's solicitor.

          We cannot advise on whether a Deed of variation is necessary in this case and the options open to you would be something you'd need to take further independent legal advice on. We essentially only have an administrative role in considering whether an application is in order for registration purposes once it has been submitted to us.

          But if the lease needs to be varied it will involve both the landlord and tenant. When such an application is lodged, the solicitor acting can request that we prioritise / expedite the processing of the application, if there is is a dependent sale.

          Sorry we can't be of more assistance, but I hope this information is of some help to you.

          Reply
  36. Comment by Frank Allen posted on

    How do I gift 25% of my house to each of my two children and place their names on the deeds ?

    Reply
    • Replies to Frank Allen>

      Comment by adamh posted on

      Frank - you can transfer the whole of the legal ownership as per our online guidance
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
      If you then wished to allocate % shares to each party then this can be included within the terms of the Transfer itself or, and in my experience this is the most common way of doing such things, you create a separate trust deed/declaration of trust which is linked to your wills etc as well - this option is dealt with through a solicitor

      Reply
    • Replies to Frank Allen>

      Comment by Frank Allen posted on

      Sorry both of my children are in there twenties and I would like to do it now as they both live here rather than wait and put in a will

      Reply
      • Replies to Frank Allen>

        Comment by adamh posted on

        Frank - that's fine and apologies if my comment confused anything.
        The legal ownership can be transferred from your sole name to the three names for example as per the guidance linked to
        The guidance also explains how the % shares can be recorded in the Transfer and on the register itself.
        I would though always recommend seeking legal advice and assistance to ensure that each of you are aware and covered re any % shares and what may or may not happen in the future

        Reply
  37. Comment by Maybelle Tague posted on

    Useful comments ! I loved the information . Does anyone know where my company would be able to get ahold of a blank a form document to work with ?

    Reply
    • Replies to Maybelle Tague>

      Comment by adamh posted on

      Maybelle - if you mean our forms then these can be accessed online
      https://www.gov.uk/government/collections/land-registry-forms

      Reply
      • Replies to adamh>

        Comment by Cookie82 posted on

        My soon to be ex husband wants to come off the deed but has a joint mortgage with me,neither of us can afford the solicitor fees. How can we do this? If we do this through land registry will they take him off mortgage as his request.

        Reply
        • Replies to Cookie82>

          Comment by adamh posted on

          Cookie82 - any changes re the mortgage would be made with the lender. The lender will insist on your using a conveyancer and you will also most likely need the lender's consent

          If the register for example refers to a restriction in favour of the lender then we would be unable to register the transfer without it

          Reply
  38. Comment by Tim posted on

    I'm applying to register a lease extension on a property which is held in my company's name; the cost of the lease extension is 4+k. I have handled this myself without a solicitor. A completed AP1 is obviously required for the application along with all the documentation. I believe, and the landlord's solicitor confirms, that I do not need to complete an ID2 form, not least because the value of the lease extension is under 6k. Do you agree with this?

    Reply
    • Replies to Tim>

      Comment by adamh posted on

      Tim fortunately you seem to understand it perfectly which unfortunately means it will not be easy
      If you are able to get the necessary powers under the court of protection then this should enable you to then start trying to explain the property ownership in some way.
      Keep a record of all the enquiries/searches you are making s you have something to use and then it may be a case of searching the property itself, although I suspect you have already done so

      Reply
      • Replies to adamh>

        Comment by Tim posted on

        The property is worth significantly more than 6k but the fee paid to the landlord for extending the lease is less than 6k. The value of the lease extension to the property is therefore less than 6k. The application to land registry on the AP1 is to register this extension and therefore the value of the property itself should not be relevant. The landlord''s solicitors are adamant this is the case and that an id2 is not required. I'm asking if you agree.

        Reply
  39. Comment by Karen Hodges posted on

    Hi can you tell me how to have an identity verified for my fiances 98 year old gran,they are both named as owners on the Land Register and she is transferring her right into the property to her grandson as sole proprietor. She is housebound and is very frail in walking getting her to a solicitor or Land Registry office would be impossible.

    Reply
    • Replies to Karen Hodges>

      Comment by adamh posted on

      Karen - We will consider allowing verification by someone who is not a conveyancer but you will need to explain in writing why it is not possible for her to have her identity verified by a conveyancer or by attending one of our customer information centres.
      http://landregistry.custhelp.com/app/contactus_general/

      Reply
      • Replies to adamh>

        Comment by Karen Hodges posted on

        Therefore could I verify her identification I am a qualified Higher Level Teaching Assistant and I could complete the ID1 forms for both myself and her with appropriate copies of my passport and driving licence and teaching certificate
        and a copy of her birth certificate ?

        Reply
        • Replies to Karen Hodges>

          Comment by adamh posted on

          Karen - if we were to accept an alternative means of verification then in my experience it would not be a family member but perhaps her GP for example.
          If you can provide the details of why she is unable to get her identity verified by a conveyancer or at one of our offices then we can consider the request and advise accordingly

          Reply
          • Replies to adamh>

            Comment by Karen Hodges posted on

            Hi Adam as I mentioned earlier she is 98 years of age and very frail she cannot walk very far, uses a chair lift but doesn't have a wheel chair, she has her GP call to the house when needed and cannot travel very far in any form of transport as it upsets her. Can you suggest someone who could verify it for her please. It would also be very hard to get passport size photographs too.

          • Replies to Karen Hodges>

            Comment by adamh posted on

            Karen - as already advised you need to use the online contact form to submit these details so that the office which will deal with any application can then consider the request and respond accordingly.
            It is not a decision I can make as part of this blog I'm afraid

  40. Comment by Melanie Taylor posted on

    Hi, I am wondering if you can help at all - I jointly own a property with a family member ( with a joint mortgage) and we wanted to put it soley in my name. The bank is insisting on a remortgage, which is fine but are also insisting we use a conveyancer for our side of things. We've already been into the Land Registry and done an AP1, TR1 and the ID forms as there was no restrictions or covenants on the original joint mortgage. What else would the Land registry need apart from the Documents discharging the old mortgage and putting the new one one - which the lenders coveyancer will do? Why do I need a conveyancer as there seems not that much to do?

    Reply
    • Replies to Melanie Taylor>

      Comment by adamh posted on

      Melanie - lender's will often insist on your using a conveyancer in order to comply with their own requirements re being able to lend. It will be part of their process/legal requirements rather than a registration requirement I'm afraid

      Reply
      • Replies to adamh>

        Comment by Melanie Taylor posted on

        Thanks for the info - we are using the banks conveyancer anyway and were confused as to why we needed one of our own too!!

        Reply
  41. Comment by mrmiruk posted on

    Hello,
    My father has land on the side of his property (no mortgage) which he wants to gift to me so I can potentially start a build of a new property. As there are no lender involved, do I even need a conveyancer? r can we simply fill in the TP1 form ourselves? I have a copy of the registry and there no restrictions etc.
    Cheers

    Reply
    • Replies to mrmiruk>

      Comment by adamh posted on

      mrmiruk - there is no obligation to use a conveyancer especially if no lender involved
      The guidance on transferring ownership can be followed and forms AP1, TP1 and ID1 used.

      Reply
  42. Comment by Sharon W posted on

    My daughter is buying her first home and we are doing conveyancing ourselves to help her. I presume it is the seller who has to complete the TR1 form and transfer it to her name? If so, does she need to verify her identity or is it just the seller's identity that is in question? We are hoping to buy from a close friend who we have known and trusted for many years.
    he has the full cash to buy house so no mortgage involved.

    Reply
  43. Comment by Dave Evans posted on

    My wife and I are joint owners of two properties (main home and holiday home).
    We want to transfer to sole ownership of one property each.
    There are no mortgages and no money will be changing hands.
    Can you please tell me which forms to use as I'm not sure if these transactions are defined as a transfer of part (form TP1) or a Transfer of whole (form TR1). We are only transferring our respective halves to each other but we will then each own a whole.

    Reply
  44. Comment by Lynetta Manning posted on

    Hi. We've recently discovered that my parents house isn't registered on the Land Registry. They own their house and bought it about 50 years ago. We've had some guidelines on how to register sent to us but it looks quite complicated. Can this be done by ourselves or is it going to be easier with a solicitor. If a solicitor roughly how much would we be expected to pay? Thanks in advance for your help. Lyn

    Reply
    • Replies to Lynetta Manning>

      Comment by adamh posted on

      Lynetta - you can do it yourselves but as you already appreciate a solicitor will be familiar with the forms and processes involved.

      I would recommend ringing or emailing a few local firms to ask them for a rough quote as to what they will charge. If you are looking for wider comment on the cost then try online forums such as Money Saving Expert where such matters are discussed

      Reply
  45. Comment by Glynis posted on

    I've bought my house from local housing association under the right to buy already. Outside my back gate is a plot of grass which is 45 square metres I have asked my housing association can I buy this, they have agreed to sell it to me for £1800 plus all their fees of course, but it can only be used to extend my garden. I want to do my own conveyancing on the plot so what forms do I need to fill in please any help much appreciated glynis

    Reply
  46. Comment by John Gardner posted on

    Can we transfer title deeds on our house to son without a solicitor?

    Reply
  47. Comment by Ian posted on

    Mary - We essentially have an administrative role and will only record entries in the register as a result of formal applications made to us under the legislation which governs how we act. Where there is a dispute arising from an application made to us, then formal procedures will apply as set out in our guide - http://bit.ly/2dBlL4i . This covers the role of Land Registry in the process and as it is written for legal professionals, may contain some unfamiliar terms.

    Reply
  48. Comment by Ian posted on

    Michael - We do treat each application on its own merits, so I can't guarantee what our requirements will be in this case. But generally speaking, where we are satisfied (as far as we can be) that the true value of the land/property being transferred is under £6,000, we will not require a certificate of value.

    Reply
  49. Comment by Ian posted on

    Michael - Rights tend to run with the land so if the right is exercisable from the portion of field being transferred, then it is likely that a formal deed of variation or release of that right will be required. You may want to consider getting some legal advice on this point as much will depend on the individual circumstances of the case and they will be to advise on the appropriate action to take.

    Reply
  50. Comment by Margaret Gravestock posted on

    We are buying a holiday chalet and not using a solicitor we have agreed a price but we were not sure of the process we know that there is a TR1 form to fill out ,. AP1 form and an id1 can you tell me in what order do we do these forms etc, and are they done after we have exchanged contract ?

    Reply
  51. Comment by Pam Rimmet posted on

    When my mother passed away she left her bungalow to my sister and myself. Mum lived in the bungalow for over fifty years from new and the property has never changed hands. There is no record of it on land registry. I want to register it but am aware that conveyancing will need to be carried out; is this straight forward and can I do it myself. The property is not going to be sold at this stage.

    Reply
    • Replies to Pam Rimmet>

      Comment by NimishP posted on

      Pam - I would suggest you refer to our Practice Guide 1: First Registrations for guidance on the procedure and our requirements for registering the property first time. While the guide is primarily written for legal professionals, it will help you understand what you need to do.

      You can access the guide by clicking on the link - https://www.gov.uk/government/publications/first-registrations

      Hope this helps.

      Reply
  52. Comment by betty hibbits posted on

    Hi, My husband is selling 6.25 acres of land for £1 to my son. We have filled in the TR1 and ID1 forms x 2 and a DL and have certified copy of original sale of this land to my husband over 30 years ago as the land was never originally registered with land registry after his purchase. I have been advised by land registry that the TR1 will suffice in this case as we have proof of ownership of land and it can be transferred this way. HMRC said we do not need a SDLT1 as the land is worth less than £40,000. It is worth approx £30,000. Will we need proof of the land value for the land registry as we are going next week to have the ID1 verified and hand over relevant completed forms.

    Reply
    • Replies to betty hibbits>

      Comment by adamh posted on

      Betty - we will need an indication as to the land's value to enable us to assess and confirm the registration fee.

      Reply
      • Replies to adamh>

        Comment by betty hibbits posted on

        Land is max £30,000.

        Reply
        • Replies to betty hibbits>

          Comment by adamh posted on

          Betty - the applicant will need to confirm that in writing when the application is submitted.

          Reply
  53. Comment by adamh posted on

    Jeff - identity verification may not be needed for a low value transaction as you suggest. However we do reserve the right to request it if we deem it necessary although that tends to be where we have accepted and not rejected the application. If we do require it then it would be for all the parties to the Transfer.
    I would suggest resubmitting the application with form AP1 along with the TR1 and a letter certifying the value of the land being transferred and confirming that is why ID evidence has not been submitted.
    As an aside have you considered putting the title in the name of the Association? This can make future dealings with the legal ownership easier re such matters

    Reply
    • Replies to adamh>

      Comment by Jeff Lewis posted on

      Thanks Adam
      We are actually set up as a trust so myself and the other nominee are trustees. I will discuss the possibility of ownership resting with the association with the rest of the residents - Good idea !

      Reply
  54. Comment by David Caple posted on

    Hi, my mother wants to transfer her leasehold apartment to me by way of gift. There is no mortgage involved and in the circumstances I don't see the need for searches as these were performed when she bought the property. Is there a 'simplified' process for making a transfer by gift?

    Reply
  55. Comment by Kathryn Hopkins posted on

    Hi, we want to transfer some property and the application form asks for an "official" Land Registry search to be submitted alongside the AP1 form. Your website offers copies of the title and plans or both, but it isn't clear whether any of these options constitutes an official search. Can you advise? Kathryn

    Reply
    • Replies to Kathryn Hopkins>

      Comment by adamh posted on

      Kathryn - can you confirm which application form you are referring to please and the relevant panel/note? Form AP1 is an application form so I am unsure what other form you are referring to here

      Reply
      • Replies to adamh>

        Comment by Kathryn Hopkins posted on

        Hi Adam - sorry, I got it all wrong. The requirement is for an official company search of the UK Registered company the land is being transferred into. Companies House provides a quick search function on its website for free - is this sufficient?
        Kathryn

        Reply
        • Replies to Kathryn Hopkins>

          Comment by adamh posted on

          Kathryn - thanks for checking and confirming but can I also check where you are getting the requirement details from please?

          Reply
  56. Comment by Robert Higham posted on

    my application is for a straight change of names on deeds,no mortgage,no money involved,why do I have to get form AP1 verified and signed

    Reply
    • Replies to Robert Higham>

      Comment by NimishP posted on

      Robert - Through registration of land / property, Land Registry guarantees the ownership and the title. In order to carry out our responsibility, we need to have procedures in place to safeguard against fraud and the requirement for confirmation of identity for certain types of transactions and applications help us to do this.

      If the change of name is as a result of something like a Deed Poll, then we need to assure ourselves that the person currently named on the title register and the one being registered are one and the same, hence the need for an identity verification in form ID1.

      Hope this answers your question.

      Reply
  57. Comment by Wendy Outram posted on

    My neighbour & I share an outbuilding I have 3/4 to her 1/4 she has given me her 1/4 of the outbuilding to encompass into mine in exchange for alternative storage (I have purchased and am having a garden shed fitted for her. Obviously we require the boundary changing albeit a very small change (the total area is only approx 1.5 sq meters. What is required by you to make this change please

    Reply
  58. Comment by adamh posted on

    Brenda - such things are often registered to protect the home reversion company's interest. They should be able to advise but I would also recommend seeking legal advice. We cannot advise you on what your/theri rights are here

    Reply
  59. Comment by adamh posted on

    Barbara - you can DIY although we always recommend using a conveyancer as they are familiar with forms/processes and can advise on wider legal aspects as appropriate

    Reply
  60. Comment by jdh1957 posted on

    Do we need a solicitor for my husband to convey the house ownership to me? We are separated but not divorced.

    Reply
    • Replies to jdh1957>

      Comment by adamh posted on

      Jdh - it is not compulsory to use a solicitor. But with divorces there is often a lot more involved than just transferring the house so invariably one is used to cover everything off. If the property is mortgaged then your lender is likely to insist on your using one though

      Reply
      • Replies to adamh>

        Comment by jdh1957 posted on

        Its not mortgaged and we dont want to be divorced.

        Reply
        • Replies to jdh1957>

          Comment by adamh posted on

          jdh - then very much your choice as to whether you do it yourselves or not

          Reply
  61. Comment by adamh posted on

    Paul - yes you will need to have both parties' ids verified https://www.gov.uk/government/publications/verify-identity-citizen-id1

    Reply
  62. Comment by Richard Godderidge posted on

    hi who can i talk to about number 4 on AP1

    I want to add my name and remove my partners daughters name off of the deeds

    what phrases do i use

    Reply
  63. Comment by adamh posted on

    Linda - I'm afraid we can't advise on such things and I'd recommend going back to your solicitor if the tank removal was part of the contract/agreed terms. If you are looking for wider online advice then forums such as Money Saving Expert or Mumsnet can be useful resources

    Reply
  64. Comment by Martin Tuckey posted on

    Hi
    A developer is granting me an easement to provide an access path to the rear of my property. He is using a solicitor however I wish to save the cost of instructing my own solicitor by submitting the application myself. Are both parties required to submit a separate application, I presume on form AP1? Is the process simply a case of submitting this form, and are there any difficulties/pitfalls? There is no money involved and I have a good relationship with the developer. Any advise greatly appreciated.

    Reply
    • Replies to Martin Tuckey>

      Comment by Ian posted on

      Hi. The application can be submitted by one party but those lodging the application will need to provide the appropriate documentation and we will only register what is applied for. If, as seems likely here, the easement is granted in a Deed of Grant then a form AP1 will be required. Please see our Practice Guide 62 with particular reference to section 3 - https://www.gov.uk/government/publications/easements . The guide is written for legal professionals and may therefore contain some unfamiliar terms.

      As you will see, the granting of easements is quite a complex area of the law. We essentially have an administrative role in registering these types of interest and cannot provide legal advice. I note what you say about the cost but if you are in any doubt as to how to proceed, we would suggest considering carefully whether to take independent legal advice, e.g. from a conveyancer such as a solicitor.

      Reply
      • Replies to Ian>

        Comment by Martin Tuckey posted on

        Hi Ian, thank you for your prompt response, grateful for your advice. Martin

        Reply
  65. Comment by Angela Mullerworth posted on

    Can you please tell me why I cannot get a solicitor to sign form ID1, I have asked several and they have all refused. I have the required id documents

    Reply
    • Replies to Angela Mullerworth>

      Comment by NimishP posted on

      Angela - it would not be possible for me to comment on the reasons without knowledge of any facts. You would have to query with the solicitors concerned.

      Reply
  66. Comment by David Clark posted on

    I bought my home before registration was required and now free of mortgage I am in possession of the deeds etc., is there a step by step guide on how to apply to register the property myself or does it require a solicitor?

    Reply
    • Replies to David Clark>

      Comment by adamh posted on

      David - PG1 explains what is required. You don't have to use a solicitor but we always recommend that you do https://www.gov.uk/government/publications/first-registrations

      Reply
      • Replies to adamh>

        Comment by David Clark posted on

        Thanks for your reply, because of time restraints due to the revision of our wills we have decided to take the more expediant/expensive route and pay for a solicitor to handle the whole process.
        I regret not looking into this matter earlier when timescale was not important.
        Maybe now is the time to focus doing our own Power of Attorney applications instead.....!

        Reply
  67. Comment by Jab posted on

    For the form AP 1 to go woth TP1 ,if its part of a garden it will not have a title number as its part.So what do I put

    Reply
    • Replies to Jab>

      Comment by adamh posted on

      Jab - if you are transferring part of a registered property then it's the title out of which it is being transferred. So if the property is already registered under K123456 then you use that and the removed part will get its own title number once registered

      Reply
  68. Comment by Tanel Kagan posted on

    Sigh... best of luck Bruce.

    Reply
  69. Comment by NimishP posted on

    jennie - it is a standard practice for the conveyancers to charge for any searches and land registry fees relating to the conveyance. Whether that is included in the fees that you agreed or not is something that would have been clarified when the fees were agreed. You would need to check with your conveyancer if there is likely to be any additional fees.

    Reply
  70. Comment by Joan posted on

    I am doing my own conveyancing on the sale of my house. There is no mortgage, its freehold and registered. The buyer's are acquiring a mortgage and their solicitors say they will not go any further with the transaction unless I get a solicitor to exchange contracts and completion.

    Reply
    • Replies to Joan>

      Comment by adamh posted on

      Joan - that's a matter between you and he buyers, their solicitor and lender. In some cases for example there may be restrictions on how the purchase monies are paid but so thing to discuss with them. We have no say in who has to be involved re that aspect I'm afraid

      Reply
  71. Comment by Mike Goward posted on

    I want to buy a small piece of garden off my neighbour. Is it necessary to go through a solicitor as the one i use is quoting £1,000 to conveyance for £7,000 transaction. Any guidance/ comments will be greatfully recieved.

    Mike

    Reply
  72. Comment by Roman posted on

    Hello,
    thank you for all the helpful information in this blog!
    I would like to clarify the following:
    I have bought a property at an auction. The seller (a company) is using a solicitor and they have a mortgage on this property. I am not using a solicitor and buying as an individual without a mortgage.
    When I receive a signed TR1 form from the seller with their signature, and file my application to the Land Registry including AP1 and ID1 (for myself), do I need to include any paperwork regarding the removal of the seller's mortgage charge from the property title? How will the Land Registry know that the seller's lender have removed the charge?
    Thank you

    Reply
    • Replies to Roman>

      Comment by AdamH posted on

      Roman - we will need evidence that the legal charge has been redeemed. Many lenders do this electronically but some may provide a paper form DS1. You need to ask them to supply/explain as appropriate.
      You will also need to complete panel 14 of the AP1 to refer to them and their legal representation as appropriate to cover off their ID scenario

      Reply
      • Replies to AdamH>

        Comment by Roman posted on

        Dear Adam, thank you for your reply!

        1. If the seller (a company) is represented by a solicitor, I only need to fill their solicitor's details and case number in the AP1 - Am I correct here?

        2. What exactly documents do you need with my application with regards to the SDLT requirement if the purchase price is 80.000 gbp for a commercial property? As an individual I cannot fill an online form and will need to fill and post a paper form. Will a copy of the paper form (SDLT1) be enough for you or do I need to wait for the reply from HMRC? If I do need to wait for the reply from HMRC, it might take a couple of weeks and then the OS1R priority will expire.

        Thank you!

        Reply
        • Replies to Roman>

          Comment by AdamH posted on

          Roman - you need to complete the AP1 to refer to the company, their solicitor and reference. We will need the SDLT5 you will receive from HMRC. If your OS1 is due to expire before you cna provide it then you may wish to consider submitting a further Os1

          Reply
  73. Comment by Mark posted on

    Hello
    I am a beneficiary of a property after the death of my father.
    The mortgage is paid off. I plan to fill in AP1, AP2 and ID1 forms to enable the transfer of deeds so I own the property.
    Is this relatively straightforward And seems so following guides on how to complete the forms?
    I am not executor of the estate and so I need to provide copy of grant of probate with the AP1 form (panel 5). I am unclear however what if any other documents I need to send with AP1 form. Do I need to send certified copy of the existing deeds?

    Reply
  74. Comment by KateR posted on

    Hi - I just wanted a quick piece of advice. We have just been offered a small piece of land that adjoins our own at no fee. The giver has instructed his solicitor to prepare transfer documents. Do we also need to instruct a solicitor, or can we simply sign the transfer doc?

    Reply
  75. Comment by Michelle Curtis posted on

    MichelleC
    Hi - question please...My mother owns a piece of land, which she has been unable to get planning on, despite numerous attempts. I would like her to hold on to it for a few more years, but she feels deflated by the ongoing planning issues and cannot afford to keep trying; its been valued at about £4,500.00, so I have suggested that I buy it from her. To keep costs as low as possible, do we have to use a solicitor and or are there bits I could do myself? Can it be considered a transfer of ownership and then I just pay her the money? Thank you

    Reply
  76. Comment by Dave posted on

    I simply want to transfer my house into my ex wife's name as part of a divorce settlement. The TR1 is filled in and signed. Solicitors are asking £750+ to do the conveyancing. Surely given the circumstances this should be quite a simple transfer?

    Reply
    • Replies to Dave>

      Comment by AdamH posted on

      Dave - solicitors charge a range of fees and the cost may not always be based on the 'simplicity' involved I suspect. If you are unhappy with the fees suggested then I would suggest contacting other firms for a quote

      Reply
  77. Comment by Mr Vinod Patel posted on

    Hi, We have decided to register a strip land at the back of the house that forms a passageway. We had originally presumed ownership and maintained the land as outlined in the wax paper and wax sealed Conveyance document drawn up in 1935 when the parcel of land was sold and used it as if it was ours since 1995 when we bought the house. However our deeds lodged with Land Registry don't show it. We did a SIM and had a SIMR - Result to say that the "No Registered estate, caution against first registration or application against first registration or application for a caution against first registration shown in the map...(copy of Map Searched). Just talked to a conveyancing company who said that it is a straightforward process to apply for Adverse Possession and take the DIY approach and they can help if I get stuck. Did a bit of research - The process I take it for non-registered land is complete FR1, include ST1 and a DL, plan of land and payment of fee (£40). However, still two questions.
    1. Is this the right procedure?
    2. Can I do take these documents and proof of my ID (Passport, bank statements, bills etc. to any local Land Regitry office to submit as I am scared about losing the original wax copy. (I read that some may be destroyed in the process of registration) and want to ensure that I bring ID proof such as passport, bills, bank statements, driving licence, etc. Thanks for taking the time to read and appreciate any help.
    Best Regards

    Reply
    • Replies to Mr Vinod Patel>

      Comment by AdamH posted on

      Mr Patel - that ios correct and our Practice Gudie 5 explains what is required https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
      We do not require evidence of identity to be provided for such applications as the deeds have not been lost and it is not a compulsory registration. You are claiming the land through adverse possession.
      Whilst you cna make an appointment to visit one of our offices and submit your application by hand we will not take copies of the documents being submitted. We will simply take receipt of the forms/papers and fee as appropriate.
      We do not retain and destroy original deeds so I would suggest considering including reference to the 1935 Conveyance within your ST1 and attaching a copy as appropriate to it. It is the ST1 upon which you are relying here it seems to prove your claim.

      Reply
  78. Comment by Mr Vinod Patel posted on

    Sorry, re-read and just to clarify. The parcel of land in the 1935 conveyance document is shown on the map in two different colours, but the wording is in capitals "ALL" of the aforesaid freehold land.

    Reply
  79. Comment by Laura posted on

    Hi, my parents are gifting me part of their garden and myself and husband are going to self build.Can we do the transfer of ownership ourselves or would you advise getting a solicitor to do? Thanks in advance.

    Reply
  80. Comment by kay Coxon posted on

    Hi. We've in the process of trying to complete the purchase of a house only to be held up by the registration of some land in the garden by the current owner. The solicitor has sent documentation to allow for expedition and apparently they have said LR will allow us to jump the queue, however we are 5th week in, have been informed that the land in question has been given title numbers but still no final email, the bank won't complete until this is completed, all in all we have been working through the motions since mid Dec and getting very fraught with it all now. How long do you think it should be now?

    Reply
    • Replies to kay Coxon>

      Comment by AdamH posted on

      Kay - I can only comment in veyr general terms and I assume, from the details shared, that they are claiming the land as their own as previously not included/registered. If so that often means we have to instigate a survey (2 weeks), serve notices on posisbly affected parties (3 weeks). That can mean the length of delay you refer to and there's no way of speeing them up sadly as they are procedural and rely on third parties to act and respond.
      Hopefully it's not too far away from completing now but do check witht he seller for more details as they should be aware

      Reply
      • Replies to AdamH>

        Comment by kay Coxon posted on

        Thanks Adam. As far as I know in there have been no objections and LR have asked for memorandum of sale which was sent almost 2weeks ago now. What is the maximum time if no objections? Is there a target which LR trys to/has to meet?
        Thanks

        Reply
        • Replies to kay Coxon>

          Comment by AdamH posted on

          Kay - no specific target other than as quickly as possible once it's been considered. The 'objections' element tends to be the delaying factor as if None they tend not to reply and you have to wait for the objection period to expire, that's normally 15 working days from when served

          Reply
  81. Comment by Richard Monaghan posted on

    I have performed my own conveyancing on a small sale, with no mortgage finance to repay. We are ready to exchange. At the last minute the Halifax buiding society, who are providing mortgage finance to the buyer, have insisted that I engage a solicitor! Are they allowed to do this? The solicitor for the buyer has been snooty and difficult from the start, and I suspect shennanigans on their part!

    Reply
    • Replies to Richard Monaghan>

      Comment by AdamH posted on

      Richard - if it is a condition of their terms on lending then they can most likely insist or not lend. It would though not be for us to explain the law around such matters as it is not a registraiton requirement. Lenders are required to satisfy a number of conditions around the lending of money and how that is then paid/transferred. I would suggest asking them to confirm the basis of their requirement and then researching it as appropriaye.

      Reply
  82. Comment by Lindy Leenz posted on

    Hello I am purchasing a residential property which has been repossessed and sold by the solicitors acting for one of the lenders.

    I will be doing my conveyancing and purchasing the property without a mortgage.

    The property curently has multiple mortgages/charges from two different lenders.

    What forms needed to be completed (by myself and /or each lender) to ensure the charges are removed over the property by all lenders when I purchase the property?

    Thank so much!

    Reply
  83. Comment by Lindy Leenz posted on

    Thank Adam! I will work my way through the guide. Thanks again!

    Reply
  84. Comment by Roman posted on

    Hello,
    Can you please advise me:

    In the title document that I downloaded from the Land Registry website there are words "The land in this title is subject to the rights excepted
    and reserved by the Transfer between XXX and YYY dated z/z/2001" It also says that "Original filed".

    However there is no wording of any rights or restrictions in the title document itself.

    How can I download or request a copy of this transfer from Land Registry without the help of a solicitor?

    I am planning to buy this property.

    Thank you

    Reply
  85. Comment by Lindy posted on

    If I am buying a probate property that is being sold by family rather than the owner who has passed away, do I use any different forms? I.e AP1, TR1 etc

    Reply
    • Replies to Lindy>

      Comment by AdamH posted on

      Lindy - same forms if the property is registered so AP1, TR1 and ID1s as appropriate

      Reply
  86. Comment by Ian posted on

    I am trying to purchase a piece of land from a neighbour, it is roughly 42 sqm and we have agreed on £2,100 as the price.

    As this is under £6,000, anyone need to complete ID1 forms? There are three owners on the property deeds, if ID1 forms are needed, will all 3 need to complete them?

    Reply
    • Replies to Ian>

      Comment by ianflowers posted on

      In most cases, we would not require evidence of ID for the unrepresented party(ies) where the true value of the land which is the subject of the disposal is £6,000 or less. But in these cases, we need or certificate confirming the value of the land by someone qualified to give property valuations; such as an estate agent, a surveyor, a land and property valuer or auctioneer who holds a qualification from the Royal Institution of Chartered Surveyors or some other person who is similarly qualified.

      I have referred to 'in most cases' as we do reserve the right to require evidence of identity in form ID1 or form ID2, in any particular case once we have had an opportunity to consider the application and supporting documentation.

      Reply
      • Replies to ianflowers>

        Comment by Ian posted on

        Hi Ian,

        Thanks for the reply. It might be best for the sellers to complete the ID1 form as I imagine that might be more straight forward than finding someone to value the land.

        Would all the people mentioned on the deeds need to complete the ID1?

        Thanks,

        Reply
        • Replies to Ian>

          Comment by ianflowers posted on

          Hi. We're not in a position to comment on how easy it would be to obtain a certificate, but that may be something worth exploring before you consider getting ID verification. As to the ID1, each unrepresented party in the transaction - e.g. both the seller(s) and buyer(s), as well as the person the lodging the application (if different), would need to have their ID verified in form ID1. Please see our guidance which provides further information - https://www.gov.uk/guidance/completing-forms-id1-and-id2 .

          As mentioned in the guidance, a party can have their identity verified by a conveyancer, a Chartered Legal Executive or at one of our customer information centres. HM Land Registry does not charge a fee for this service, but a conveyancer or Chartered Legal Executive may do so. Also bear in mind that where we are verifying identity, all those requiring this will need to attend one of our offices at the same time with the completed registration application.

          Reply
  87. Comment by Bridgette Kynes posted on

    Hi, I have done my own conveyancing for some years and although I have had some 'problems' dealing with the other side's solicitor I have been able to 'hold my breath' and carry on. I have now come across a solicitor who refuses to deal with me and insists I get a solicitor - I am selling a house without a mortgage and have said that exchange/completion can take place on the same day thereby negating the worry/need to pay a deposit. Is this legal/acceptable? Would so appreciate your input. Many thanks.
    Bridgette

    Reply
    • Replies to Bridgette Kynes>

      Comment by AdamH posted on

      Bridgette - not something we can advise or assist on I'm afraid either re their insistence or whether you can negate the need for a deposit. Something to take up with the solicitor for clarification as to the legal position

      Reply
    • Replies to Bridgette Kynes>

      Comment by keith waldman posted on

      having done my own conveyancing on a number of properties over past few years,i would suggest speaking to sellers and saying their solicitor is not acting in their best interests and you may have to drop out of purchase..I have dealt with good and rude solicitors/conveyancers but most have been ok when they see you arent a problem to them

      Reply
  88. Comment by Jackie Greer posted on

    Can you advise on the current timescale for having restrictions lifted?
    We are about to lose our buyer if this is not carried out urgently on the property we are buying (so we cannot exchange/complete on our current property).
    The application was submitted on the 03/08/18?
    My solicitor implied it could be done in as little as 24 hours via your portal but now seems to be back tracking on this.

    Reply
    • Replies to Jackie Greer>

      Comment by AdamH posted on

      Jackie - much depends on what sort of restriction it is and whether it's the restrictioner removing it or not. It would be very rare for them to be done in 24hrs but not impossible. Do you know what the restriction is and what type of application has been made? And the title number involved?

      Reply
  89. Comment by Chris H posted on

    Myself and another wish to exchange registered whole property A for registered whole property B plus some cash. Neither property has any mortgages or other encumbrances. Therefore we have agreed the value of the properties between ourselves (at a realistic market value). The transfer looks straightforward using AP1 and TR1 for each property and ID1 for each person.

    Questions:
    1. We have both submitted ID1s within the last year in connection with other matters. Do we need to do this again?

    2.Can we bundle up all the forms and submit with the combined fee, or do we have to submit separate bundles for each property, each with the appropriate fee? In which case would we each need to submit an ID1 with each transfer application?

    Reply
    • Replies to Chris H>

      Comment by AdamH posted on

      Chris - 1. Yes 2. You would need separate applications and fees but you can submit them together with the ID evidence to cover both

      Reply
  90. Comment by Andrew Parkinson posted on

    The land associated with our house has been leasehold since construction in 1998 (we were the first occupants). We have arranged with the land owner to purchase the freehold for the sum of £1780 and the land owners solicitors have raised a TP1 form which has been signed by ourselves and the land owners' authority. Their Solicitors have advised that this completes the transaction from their perspective but that we must deal with the Land Registry to fully complete the transfer and send a copy of the revised registration back to their Solicitors once completed.
    Our understanding is that:
    1. An SDLT1 submission to HMRC is not required due to the low value (cost) of the land (we will verify this with HMRC);
    2. An ID1/2 submission to the Land Registry is not required for the same reason.
    Are we therefore correct in thinking that we therefore only need to submit an AP1 form to LR to register the change?

    Reply
    • Replies to Andrew Parkinson>

      Comment by AdamH posted on

      Andrew - you'll need to contact HMRC to query what land tax (if any) is payable. The low value exception can apply here if the true value of the transaction is less than £6,000

      Reply
  91. Comment by D rigg posted on

    Hello
    I transferred my house to my daughter four year ago but I didn't actually know or understand what I was signing. I was taken to her solicitor was given no legal advice whatsoever and had signed house over in five minutes. Last year I decided I wanted to downsize as house is too big but a week before sale went through she decided I couldn't move as the house I wanted was cheaper so I would of had 20,000 equity left over for myself and she didn't want this as it ate into her inheritance. She now does not speak to me and wont transfer house back. I paid for my house, paid all bills she has contributed nothing. I'm seeing a solicitor but is it possible anything can be done? I'm 81.

    Reply
    • Replies to D rigg>

      Comment by AdamH posted on

      D Rigg - very much something to get legal advice upon. From a purely registration perspective to revert so a sole ownership now we would need a Transfer by the two of you to just the one. If there is a dispute over the legality of the original transfer then it would be a matter for the courts to judge and if they ruled in your favour presumably they would order the second transfer to take place. Again one for your solicitor to advise upon

      Reply
  92. Comment by geoff posted on

    I need to transfer ownership of non mortgaged house from dual ownership to single ownership.

    Reply
  93. Comment by Mike posted on

    Hi, I am purchasing a house and have noticed that the boundary is not correct, some of the house is in a neighbours boundary. This is getting corrected by way of a TP1 and new boundary plan drawn up by an architect. My question is; Once the TP1 is completed by neighbours and vendor (seller) and sent to my solicitor can we exchange and complete? or do I need to wait for land registry to ok the change to boundary? If I need to wait what is a typical time scale for completion?

    Reply
    • Replies to Mike>

      Comment by ianflowers posted on

      Hi. This very much depends on what's agreed between the parties involved. As a registration authority with essentially an administrative role, we will consider each application on its merits once lodged. For example, if the sale proceeded without the boundary alteration, we would register based on the documents lodged and would not query the boundary issue provided those documents are in order.

      So it would be a matter for you/your solicitor to decide whether to proceed with exchange and/or completion prior to the registration of the TP1 or other deed altering the boundary.

      Creation of a new register (TP1s would usually involve this), are currently taking 54 working days, on average. But the solicitors lodging the application can request that it be expedited/prioritised citing and providing evidence of your dependent transaction.

      Reply
  94. Comment by Mike posted on

    Thank you Ian, Ill take it under advice from the solicitor once the TP1 content is known. Thanks Mike

    Reply
  95. Comment by mark posted on

    Hello

    I am buying a small cottage in my name for my family.

    As I will be doing the conveyancing myself I understand I will need to complete a ID1 form. I wish to do this at the HM land registry customer information centre and early in the conveyancing process.

    Apart from the evidence of who I am etc , I don't need to have a completed the AP1, TR1 right?

    Also when I send in the AP1, TRI to the land registry do I also need to include the ID1 form?

    Thanks

    Reply
    • Replies to mark>

      Comment by ianflowers posted on

      If you want to visit an HM Land Registry office to verify your identity/ those of other parties in the transaction, you must make an appointment and check what evidence of identity you need to bring.

      You must submit your application at the same time as verification at the customer information centre. This means that everyone who completes a form ID1 or form ID2 must attend at the same time.

      Please see our general guidance on transferring ownership here if you have not already done so: https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property . The information links to the respective forms including ID1 and on those form pages scroll down for guidance notes and also instructional videos.

      Reply
  96. Comment by michelle posted on

    Hi,
    Our current home is in the sole name of my husband on the land registry. We have a joint mortgage on the property and would now like to add my name to the land registry. We have had a few quotes from solicitors with regards to acting on our behalf. We are thinking that as its just adding my name to the deeds do we really need a solicitor? Theres no issues, no mortgage application etc just simply adding my name. Would this be easy to do it ourselves and save us best part of £1.5k?

    Reply
  97. Comment by Jonathan posted on

    so this means that adding a second person to an unmortgaed property, e.g if I want to add my wife's name to a property which is currently in my sole name, it is relatively straightforward to register this and pay the fee online?

    Reply
  98. Comment by Debbie B posted on

    Hello, I hope someone from land registry can please help.

    We are buying a house, but the title is being split. The current owners are selling the house and part of the land to us, but they are keeping the barn on part of the land for themselves. We have a land registry approved plan of the split, and the sale is being dealt with by lawyers on both sides.

    We are ready to exchange and the lawyers have said they can’t submit the title split documents/plan to land registry until the day of exchange as until that day we don’t own the house as such. The problem is they are now suggesting we can’t complete until we have heard back from land registry confirming they have approved the title split- just in case this is rejected. We are in a chain and have a heavily pregnant lady buying our house, who was expecting to exchange this Monday 3rd and complete on December 11th a week later . The thought that we now have to delay completion until we have heard back from land registry is worrying as we don’t want to lose our buyer- we also don’t know how long this will take, so don’t even know what to tell our buyer as it’s an unusual situation! I’m just hoping you can advise on a solution as to what usually happens in this situation. Could land registry approve the title split in principle before formal documents are received back to save time and allow us to complete quickly? Is there anything else we can do to enable the completion to still go ahead on the 11th as planned? Thanks so much for your advice! Debbie

    Reply
    • Replies to Debbie B>

      Comment by AdamH posted on

      Debbie - we won't approve the split and then register it at a later date. Approval comes once it is actually registered. If there is an urgency behind the application then the lodging solicitor needs to contact us with those details and supporting evidence and ask us to consider expediting their application. They should be aware of that process and the evidence required

      Reply
      • Replies to AdamH>

        Comment by Debbie Bird posted on

        Thanks for your advice Adam. Could you please give any indication of the usual time period for registering and then approving a title split once forms are received- so we know roughly how long we may have to delay completion for after exchange? If we expedited this what would the timing be in that case? Thanks again, Debbie

        Reply
        • Replies to Debbie Bird>

          Comment by AdamH posted on

          Debbie - the current average for an application to transfer part of a registered title (this is what you referred to and which causes it to be split) is around 57 working days. Expedition reduces that wait time to 10 working days and then everything relies on it being in order
          You should rely on the solicitor involved to confirm the current situation re their application, request for expedition and timescales quoted by us direct to them. Then discuss and agree possible completion dates with your own solicitor/others as appropriate

          Reply
  99. Comment by Kerry posted on

    Can anyone tell me whether it is an offence to not register a transfer/sale of land with land registry?

    Reply
    • Replies to Kerry>

      Comment by AdamH posted on

      Kerry - it is not an offence or criminal act but by not registering your purchase you are risk it being sold/transferred to someone else by the seller.

      Reply
  100. Comment by Tom posted on

    Hi, I inherited a property a few years back and it is registered in my name. I now want to add my wife's name to the property and assume that would be a 'part transfer of equity'. I am a non resident landlord and have resided in South Africa for many years with my South African born wife in a community of property marriage. It would seem to me to be a straightforward process and I feel that I should be able to do it myself but would appreciate advice on any pitfalls that I may encounter.
    Would the property automatically become wholly hers upon my death?
    Thank you

    Reply
    • Replies to Tom>

      Comment by AdamH posted on

      Tom - our online guidance explains how you can transfer the ownership from a registration perspective and links you to the forms and wider guidance you require https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      We can't advise you on the pitfalls involved or offer legal advice and we would always recommend that you do seek such advice as it will cover such issues and also wider points such as wills, inheritance and so on.
      If you are registered as joint legal owners then on death of one of you the legal ownership passes to the survivor. However your beneficial ownership can differ in so far as for example you could leave your share to someone else but that is something the wider legal advice would need to cover

      Reply
      • Replies to AdamH>

        Comment by Tom posted on

        Thank you very much, I appreciate your time and speedy response.

        Reply
  101. Comment by lindy posted on

    Hello

    My husband and I are buying our dream cottage. The process has been long and very stressful.

    The TR1 form is not best practice having read feed back on this forum however my lawyer has said it should be fine from a legal perspective.

    I have two questions should there be requisitions for the TR1 from that require information from the sellers solicitor:

    1. Firstly, is there a legal code of some sort which means the sellers solicitor will help post completion should they need to provide information?

    2. Would it be expected that the seller or us should bear additional costs or is there any legal protocol that this cost is covered already?

    Thank you!

    Reply
    • Replies to lindy>

      Comment by ianflowers posted on

      Lindy - We are not involved in the legal process and what is agreed between the parties involved and also we have no involvement in any undertakings from the seller's side as to costs. This is something that you will need to discuss with your solicitor who are best placed to advise you from a legal perspective.

      Reply
  102. Comment by J Bath posted on

    Hi, can you help me please? My solicitor has taken over two years to transfer a previous marital home into my sole name in accordance with a court order. My ex husband is to have a legal charge and I still have a mortgage which I pay and is to remain in joint names as I do not earn enough to take the mortgage on. I receive child and working tax credits and work full time on an apprenticeship. My mortgage company have been asked if they want to be a signatory on the transfer deed and they have declined. My solicitor and my ex husband's solicitor are now insisting on the mortgage company being a signatory so presumably the transfer I have already signed and had witnessed will need to be redone. I can't help but feel that the solicitors are just wasting time to increase their fee earnings as surely the mortgage company know what they're doing? How are the legal charges lodged at the land registry please as my solicitor is saying that it is the land registry which won't accept the mortgage company not being a signatory? I have received a letter from the mortgage company consenting to the transfer into my sole name with the mortgage remaining in joint names.

    Reply
    • Replies to J Bath>

      Comment by AdamH posted on

      J Bath - you will need to rely on your mortgage lender and legal advice to resolve this. From a registration only perspective the consent of the lender is invariably required if there is a restriction on the title that requires it. That consent can be in writing or implied if they are a party to the actual transfer. There may be some other reason as to why they are insisting that the lender executes the Transfer so something to raise and discuss with the solicitor and lender.

      Reply
  103. Comment by Myles posted on

    Hi,

    I'm attaching a map to form FR1. Panel three of the form has three options. No,1 says "The attached plan and shown", but there is a text box following this, as if the sentence needs completing? Not sure what I'm expected to write here?

    Do I also select the third option - "the address shown in panel 2"?

    Hope you can advise.

    Myles

    Reply
    • Replies to Myles>

      Comment by ianflowers posted on

      Hi. Panel 3, option 1 would need to be completed with a reference which clearly identifies the extent of the land to be registered. For example, ... and shown 'edged red'. You don't need to select the option 3 if 1 is completed, but you should also give a description of the land in panel 2.

      Reply
      • Replies to ianflowers>

        Comment by Myles posted on

        Many thanks Ian,

        In panel 2 I've given the full postal address of my house, as that is what I want to register. I'm guessing that's all that's needed?

        Reply
  104. Comment by Myles posted on

    Hello,

    I have an appointment on Thursday (3rd January) with the Land Registry, to have my identity verified, and will be lodging my application at the same time.

    The Land Registry has advised that I need to complete forms, FR1, ID1, and duplicates of form DL. This is all done, however, when giving me the appointment, they also wrote the following -

    ".....Your application must be fully completed, signed and witnessed prior to attending your appointment. HM Land Registry staff cannot witness your application for you and we will not accept your application if this has not been done..."

    There is no provision on the forms FR1, or ID1, for a witness signature, so I'm not sure what they are referring to? I did seek clarification, but I've not heard anything back yet. As time is fast approaching my appointment, I'm hoping someone can advise?

    Myles

    Reply
    • Replies to Myles>

      Comment by ianflowers posted on

      Myles - Hello. The forms you have mentioned do not require witnessing, so if your application is complete based on those documents, you will not need a witness signature.

      Reply
      • Replies to ianflowers>

        Comment by Myles posted on

        Many thanks Ian. I received a reply back yesterday which confirmed the same. It looks like I'm all set. Providing there are no rail strikes! 🙂

        Reply
  105. Comment by Tennyson posted on

    Hi
    I am not sure this is the right place to ask this question; but out of desperation please. I bought a property by stair casing from a housing assosciation.100%was bought in August 20017.Untill now the property is not registered in my name. My solicitor to my every email says ,chasing the vendor's solicitor for documents for which they are not at all responding!!Does this happen like that? Is there any way for me to get this matter sorted out. Any advice will be highly appreciated.

    Reply
    • Replies to Tennyson>

      Comment by AdamH posted on

      Tennyson - it should not happen like that as you would normally have a contract and a series of undertakings in place to ensure that both sides complete the conveyancing and registration appropriately. You'll need to rely on your solicitor here to ensure those are complied with

      Reply
  106. Comment by Amy posted on

    Hi,
    I have a question about a restriction placed on our property. The property was owned by my husband and his mother, or rather my husband bought it for his mum (but we resided together as a family) The restriction was due to the property being mistakenly held as 'tenants in common' rather than 'joint tenants' by our solicitor. Anyway, we are looking to pay off the mortgage and so wondered whether a DS1 would trump a need for an RX3 form to lift the restriction?
    There is a will in place declaring hubby as the executor and beneficiary. I am also a beneficiary but don't really want my name on the title deed.
    Spoke to solicitors (including the one who messed up the first time) and the charges are too excessive, so I am happy to do the forms ourselves.
    One more question, if I do need to do an RX3 form, would a photocopy of a certified will suffice as reason and evidence? Thank you all on advance

    Reply
  107. Comment by Mike posted on

    I own a house in my name. No mortgage. I would like to add my wife to the title deed so the deed will be in both of our names. Please advise what forms I need to fill in? Is there a contact phone number and email if I need further assistance on how to complete the form? Also, what other documents ( ID or Proof I own the home etc) would I need to submit in addition to the application form? Thinking of doing this myself instead of using a solicitor. Thanks

    Reply
  108. Comment by Tim posted on

    Why do conveyancing solicitors charge such a lot? How can I distinguish between someone who charges £700 and double that? All I'm doing is selling a house with no mortgage

    Reply
    • Replies to Tim>

      Comment by AdamH posted on

      Tim - professionals will charge different fees for their services so I would imagine you would need to look at what they include within the service offered as well as customer reviews (if any).

      Reply
      • Replies to AdamH>

        Comment by Tim posted on

        Yes, I am trying to. Not always easy to discern the differences. A bit like buying insurance. It's mind-boggling that it's going to cost in the region of 10% of sale price just to sell the house.

        Reply
  109. Comment by Simon posted on

    I plan to do my own conveyancing and claim a tiny triangular plot of unregistered land sandwiched between ourselves and two other neighbours. Over the last few decades, large trees have grown up and these are now damaging our drive and a neighbours adjoining wall/outbuilding.

    Before chopping the trees down, we needed to determine who owned the land and would be responsible for the costs. One party is a farmer that we thought owned the land, but he denied it - as subsequently borne out by his deeds. Understandably he wants nothing to do with it.

    I did Title Searches at the HMLR and these show no one owns it. Its only been accessible from our land so I think we have a responsibility to put it right. The other parties are fine with this.

    But, I am reluctant to pay out a lot of money doing work on land that isn't technically mine. To give me some protection and reassurance, I would like to merge it with my current property title.

    The land is worthless where it is, a small dogleg and wont add value to our property.

    So, do I just fill in Form FR1? What about fees? it doesn't look like it even registers on your fee scale, but how do I show that? Is there a detailed example online that I can use to work through it all?

    The searches also revealed that our neighbours outbuilding isn't on his deeds, so the two of us plan to sort out both issues at the same time. We are not rich so trying to keep costs to a minimum. Any pointers appreciated! Thanks

    Reply
    • Replies to Simon>

      Comment by ianflowers posted on

      Simon - if your searches have revealed that the land is not registered with us, then this does not mean that no one owns it, merely that there has not been an event such as a sale of the land which would trigger registration with us. This is often the case with land that may have little intrinsic value in its own right. We do not hold any information on the ownership of unregistered land.

      We can't advise you on the action take and the options which may available to you, but if you decided to register the land for the first time based on possession then this would be an application for adverse possession (commonly referred to as squatter's rights) on form FR1. Our Practice Guide 5 https://bit.ly/29nmx2w gives guidance. This guide is written for legal professionals and may therefore contain some unfamiliar terms.

      As you will see, this is a very complex area of the law and most people seek independent legal advice before proceeding. I note what you have said about the cost involved and some legal professionals may be able to offer a limited amount of free legal advice (the Law Society has some information on its website at https://www.lawsociety.org.uk/news/blog/pro-bono-good-for-the-community-good-for-lawyers-too/ - the article mentions law centres, university law schools, and the charity Law Works https://www.lawworks.org.uk/ ).

      Reply
  110. Comment by John C posted on

    My father would like to gift just over an acre of agricultural land to myself and 3 other siblings, all to be joint owners. The current value should be in the region of £10,000.
    Is it possible to use a TP1 form for transfer and do you think there will be any tax/financial implications to the transfer other than registry payments?
    Thanks in advance.

    Reply
    • Replies to John C>

      Comment by AdamH posted on

      John C - if he is transferring part of a larger title then forms AP1, TP1 and ID1 would be used yes. We can't advise you on the wider implications you mention and would recommend you seek legal or wider online advice

      Reply
      • Replies to AdamH>

        Comment by JohnC posted on

        Thanks for the rely Adam H.

        When you say larger title, do you mean other properties?
        As it is only one field in question, divided by four children for ownership.

        Thanks in advance.

        Reply
        • Replies to JohnC>

          Comment by AdamH posted on

          JohnC - you referred to form TP1 so I assume that he wishes to transfer part of an existing registered title. By default part means that there is a larger title out of which the part is being transferred.

          Reply
  111. Comment by Gen posted on

    We intend to bid for a commercial property at auction. I have contacted the Sellor's solicitor who is ADAMANT that he will not deal with us direct and that we must use a solicitor to transfer the monies. We have done several previous land transactions ourselves and have had no problem. There is no mortgage or loan involved. Can the solicitor insist we engage a solicitor to transfer the money ?

    Reply
    • Replies to Gen>

      Comment by AdamH posted on

      Gen - entirely a matter between you and the seller/auction house as we would not be involved or able to advise on the rights or wrongs here. If you wish to challenge their stance I would suggest seeking legal advice

      Reply
  112. Comment by Gen posted on

    Hello Adam and thank you for your comment. It is nothing to do with the auction house - they are intermediaries and have their own system which is not (as far as I can see) involved with the actual exchange of contracts. The auction house takes the deposit (in this case prior received signed blank cheque) and will no doubt transfer the deposit to the solicitor after the successful bid. It is the action after this ie completion of the transfer that the solicitor is saying he will not accept our monies. Rather pointless spending money in seeking legal advice if our intention is to keep costs to a minimum. I am basically asking whether - in law - the solicitor can take this stance. As a government body, I would have hoped you could have answered this especially as you give guidance on the other various aspects of 'doing it yourself'. I can't complain to the law society as the solicitor is not ours and there is insufficient time to lodge a complaint with the SRA.

    Reply
    • Replies to Gen>

      Comment by AdamH posted on

      Gen - we can't give you legal advice and this is very much one to explore with the solicitor or a solicitor as appropriate. Solicitors have certain 'rules' regarding receipt of monies for example which may restrict who they can deal with or the manner in which monies are received/paid. But we are not directly involved so very much one you will need to seek wider (legal) advice on as appropriate I'm afraid if you wish to challenge the position taken by the solicitor.

      Reply
      • Replies to AdamH>

        Comment by Gen posted on

        Thank you, Adam

        No doubt new money laundering laws all of which are overcomeable. We shall see. Thank you again.

        Reply
  113. Comment by Gen posted on

    But I mention again the fact that people oft use the word 'advice' when really what one is seeking is 'information'. Advice is .. do this or that.. information is confirmation as to what and why the person can do this or that.

    One of the bees in my bonnet I guess!

    Reply
    • Replies to Gen>

      Comment by AdamH posted on

      Gen - there can be nuances involved but it's very difficult for us to offer advice on a process that does not directly involve us, namely how solicitors manage payments, receipt of monies and accounts be that for money-laundering reasons as you suggest or otherwise. We register by and large the end result of the conveyancing process of which the monies aspect forms part. It is not part of the registration process so whilst we can offer advice base don experience it would be wrong to call it information as we are simply not informed on what happens in the scenario you have described.

      Reply
      • Replies to AdamH>

        Comment by Gen posted on

        I do accept what you say, Adam. Like most things in life, there are vagaries in each situation. Like for example, I read about needing to contact a solicitor to have identities verified without mentioning the wonderful service Land Registry offered by personal attendance at LR to verify identities. All set out on the Land Registry web site. So I will end by saying, Land Registry offer a superbe service and I'll continue to 'engage' with said solicitor to see if he will eventually see sense. Thank you.

        Reply
  114. Comment by Robert posted on

    Hi, what is the difference in use between forms AP1 and TR1? Also, who fills them in and pays the fee, the buyer or seller?

    Reply
    • Replies to Robert>

      Comment by AdamH posted on

      Robert - the AP1 is an application form. The TR1 is the legal deed. Normally the seller completes the TR1 and the buyer completes the AP1 and pays the fee. But that's really up to the parties involved although you'd expect the buyer to submit their own application to register their ownership

      Reply
      • Replies to AdamH>

        Comment by Robert posted on

        Thanks for that Adam, that makes it very clear. I'm buying a garage that has it's own title deed, so I'll get the seller to fill in the TR1 and my wife and I will fill in the AP1.

        Reply
  115. Comment by Robert posted on

    Hi Adam, I have downloaded the AP1 form as a Word Document. When I type in the relevant information the font colour is red. This seems to be by design and won't let me change it, so I just wanted to double check that it is ok to send in like that?

    Reply
    • Replies to Robert>

      Comment by AdamH posted on

      Robert - your device settings will be causing it to change colour. Whilst you could try submitting it in red we do ask that it is completed in black ink/font

      Reply
  116. Comment by Janet posted on

    I am selling a leasehold flat and want to do my own conveyancing. I know i have to complete Tr1 form. Do I need to inform the freeholder and do I need any paperwork from them.

    Reply
    • Replies to Janet>

      Comment by AdamH posted on

      Janet - you would probably need to look at the terms of your lease to ascertain what you may need to do or obtain. I'm afraid we can't advise you on the wider conveyancing process/offer legal advice

      Reply
  117. Comment by janet posted on

    Thank you Adam for the reply - what should I look for in the lease - are there specific terms or will it just state in plain English.

    Reply
    • Replies to janet>

      Comment by AdamH posted on

      Janet - it would be couched in legal terms but that all depends on the conveyancer who drew it up. You would be looking for any wording that restricted your ability to sell or that required you to notify the landlord/freeholder for example. You'll need to read the whole lease I suspect

      Reply
  118. Comment by janet posted on

    Many thanks Adam

    Reply
  119. Comment by Mrs K posted on

    I am trying to transfer the name on a plot of land to my son.
    I have filled out an AP1 and a TR1 form. Can I come in person to the Land registry offices with my passport or do I need to fill a ID1 form as a must?

    Thanks

    K

    Reply
    • Replies to Mrs K>

      Comment by AdamH posted on

      Mrs K - form ID1 is required if we are verifying your identity

      Reply
      • Replies to AdamH>

        Comment by Mrs K posted on

        Hi Adam,

        Thanks you for your rpely.

        That is why i amasking, if I come in person (with proof of DI) would you still need to verify my identity?

        Reply
  120. Comment by Paul Turner posted on

    Can you give advice with regard to filling TR1 and AP1?

    My house is jointly owned with my wife as Joint Tenants, the property is freehold, it is mortgage free and there are no charges against the property. It's current value is approx. £260,000.

    The scenario is my wife moved out over 2 years ago and I have a new partner. We would like my wife removed from the land registry and replaced with my new partner as Joint Tenant with me. Due to investments by me into the property my wife has amicably agreed to release her interest in the property for £90,000.

    As this is a straight forward transaction I am considering to complete the forms myself to save solicitor fees.

    Regards

    Paul Turner

    Reply
  121. Comment by Peter M posted on

    I am buying a small parcel of my neighbours garden without either of us having legal rep. I have read up on the requirement and found the HMLR videos and guidance great. Can I please check two points.

    Firstly I understand I need to complete a TP1 form and submit that with an AP1 form, £40 fee and id forms for me and neighbour. I also need to get an executed DS3 from the neighbours mortgage company. Do I need to complete another AP1 form for the DS3 or can I just refer to it on the AP1 that I am completing for the transfer?

    Secondly, on the TP1 form, am I meant to lift any restrictive covenants from neighbours office copy entries and add those to panel 12 to make sure they are also noted as applying to the parcel I am carving out of their property.

    Hope that makes sense.

    Many thanks

    Reply
    • Replies to Peter M>

      Comment by AdamH posted on

      Peter M - the DS3 would form part of your own application so no separate AP1 required. If entries on the neighbour's title affect then we would bring those forward to the new title as appropriate. You do not inc them in your TP1

      Reply
  122. Comment by Peter M posted on

    Thanks Adam. That is really helpful clarification.

    Best wishes

    Peter

    Reply
  123. Comment by Richard Barber posted on

    Hi Adam, I have a house and a flat, I am living in the flat and renting out the house, the people who are renting the house want to buy both the house and the flat, They are cash buyer and they have their money at their solicitor's account, I don't have any mortgage or loan on either of the properties, I also own the freehold of the property where the flat is, as the people know the area and have been renting from me for year they are happy with the circumstances both the house and flat is so they won't be having any survey or searches done and we both want smooth and easy transaction, I had mentioned this to the buyers solicitor in an email and said i will be preparing the draft contract and getting the official copies from you filling up the necessary forms but they replayed me "Due to the nature of this transaction we will not be in a position to deal with this matter unless you instruct a firm of solicitors."
    What would your advice be to me please, I have the copy of email I sent to the buyer's solicitor below.
    Many thanks.

    Dear Mr. Aytac,

    Re: Sale of 1 Leighlands Road, South Woodham Ferrers CM3 5XN

    Sale of 4 Guild Way (First Floor Flat), South Woodham Ferrers CM3 5TG
    I am writing you to confirm I will be dealing with my side of sale conveyancing myself.

    As you are also aware your client Cuma Tas is a cash buyer and he and I have agreed on the sale price for the 1 Leighlands Road South Woodham Ferrers CM3 5XN as £170.000 and for the first floor flat at 4 Guild Way CM3 5TG £150.000 respectively.

    I will be providing my necessary original ID documents to Land Registry along with ID1 for when I request the OC2 (Official copies of documents-deeds) for both properties), if you also require my ID documents I can supply them to you too for your records.

    I will be preparing the draft contract along with the official copies of the deeds (OC2) for both properties from the land registry, TA6 property information form for both properties, TA7 Leasehold information form for the 4 Guild way, TR1 Property transfer form for both properties, your client and I agreed on not to fill in the TA10 fittings and contents form as we both discussed and agreed on these details verbally.

    After you study and agree the draft contract with your client we can exchange contracts and complete at the same time.

    As Cuma and I have agreed you will be transferring £320.000 to me after the completion of both properties titles to Cuma’s name.

    Considering the circumstances like not having a mortgage or estate agency involvement I am sure we will have a smooth transaction.

    I have attached an identical copy of this email here in a letter format as a word file if request the same letter with a wet signature I can supply that to you too.

    Yours sincerely,

    Reply
    • Replies to Richard Barber>

      Comment by AdamH posted on

      Richard - we can't advise you on this as it is a conveyancing matter rather than a registration one. Whilst there is no obligation on our part to use a solicitor where one party does they will be required to operate with in their code of practice/rules. That can mean that they have to abide by wider requirements such as anti-money laundering regulations which also covers payments made so whilst it's a cash sale/purchase to you it won't be for them.
      So the only advice we can provide is that it will be for them to explain why they are unable to deal with the matter direct with you.

      Reply
  124. Comment by Richard Barber posted on

    Thank you very much for your quick replay Adam, it is understandable they have to comply with wider rules and regulations regarding anti-money laundering regulations etc. but here everything is clear and legal as they had made applications for the buyer to raise money on his other properties, I legally own my properties which I want to sell and I already told them after the property titles transferred to their client they will transfer the money to my bank account... isn't it the right and legal way and they are covered here?! all I want to do is my own side of conveyancing which I think is very simple and straight forward... wouldn't you think so? Thank you again for your comments.

    Reply
    • Replies to Richard Barber>

      Comment by AdamH posted on

      Richard - we do not govern solicitors I'm afraid so if you want answers to such Qs it is really the solicitor or the SRA you should contact https://www.sra.org.uk/home/home.page.

      Reply
      • Replies to AdamH>

        Comment by Richard Barber posted on

        Thank you again for your replay Adam, I know you can only give limited information, have a good day.

        Reply
  125. Comment by Adele Drury posted on

    I am negotiating purchasing a strip of land that adjoins my property forming part of my garden.

    The land belongs to the council but has been leased as a garden for 70 yrs.

    To reduce costs, I would like to do the conveyancing myself. Is this possible when the seller is a local authority, i.e. not a person who's identity can be verified.

    Reply
    • Replies to Adele Drury>

      Comment by AdamH posted on

      Adele - you can do your own conveyancing irrespective of who the parties are.

      Reply
  126. Comment by Richard Barber posted on

    Hello again Adam, thank you for your replays yesterday, I was wondering as you are a solicitor too do you think I may have a chance if I take the buyer's solicitors to a small claims court on the ground that although I am legally allowed to do my own conveyancing and as the whole procedure is legal they don't want to deal with me and pressuring me to have a solicitor and therefore they cause me time, stress and money.... would I stand a chance? Many thanks.

    Reply
    • Replies to Richard Barber>

      Comment by AdamH posted on

      Richard - we can't advise you on such matters I'm afraid.

      Reply
  127. Comment by Andy posted on

    I would like to remove a name from the register, leaving one sole owner. The property is not mortgaged. Can you point me in the right direction please?

    Reply
  128. Comment by Michael Watson posted on

    Can I raise a second charge on my sons house for money I leant him? Can I do this myself or do I have to use a solicitor?

    Reply
    • Replies to Michael Watson>

      Comment by AdamH posted on

      Michael - we can't advise you on what you can or can't do in such cases but if you want to register a legal charge then you would need forms AP1, CH1 and ID1 https://www.gov.uk/government/collections/hm-land-registry-forms
      Whilst you do not have to use a solicitor we would strongly recommend that you do as they are familiar with the forms/process and can verify your identities. They can also offer wider advice on reasons why a charge may not be possible and other options as well re securing the debt/protecting your interest.

      Reply
  129. Comment by Elizabeth posted on

    I am representing a small community group with charitable status, which is trying o acquire a piece of land owned by 19 different owners, who each own one or two plots, for use as a car park. 12 of these owners have agreed to donate them to us and the rest wish to sell at the original purchase price of £500. One sellers wishes to do this immediately, but we have been told that the seller's solicitors fees for this one plot would be £600 and our own solicitor would charge £350 + VAT and disbursements, whatever they are. There is no way we can pay this, never mind if it applied to all the other plots as well. It has been suggested we can pay each owner their £500, obtaining a receipt for same, and then do the transfer with the Land Registry ourselves. Is this legal and can it be done in such a straightforward way? Many thanks.

    Reply
  130. Comment by Andrew H posted on

    My wife and I own a freehold property as tenants in common, which we currently rent out to our daughter and son in law (it is mortgage free) and we live in a nearby property and have no plans to sell this one any time soon.
    Our question is with regard to gifting the whole house (valued at £225000) to our daughter and son in law and the administrative process of doing this.
    It is not our intention to use a solicitor to oversee this transaction unless absolutely necessary so could you please inform us how to do this and any documents or processes that are required to be completed etc. for each of the 4 persons involved. Thank you.

    Reply
  131. Comment by Mike posted on

    I am trying to complete a TR1 form myself. My home is in my name. I wish to add my wife' name to the deed. Regarding the last page 12) Execution: I need to sign it and it has to be witnessed by someone but can a relative be my witness? e.g. my brother or sister?

    Reply
    • Replies to Mike>

      Comment by AdamH posted on

      Mike - they can but ideally it should be someone who knows you and is not a family member

      Reply

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