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.

198 comments

  1. Comment by Phil Lyn Tomlinson posted on

    Why is it that I cannot get anything up about my home on land registry. I haven't got anything yet from my solicitor . We moved in on the 11 December 2013. We have been told we. Do not get deeds , is this right.

    Reply
    • Replies to Phil Lyn Tomlinson>

      Comment by adamh posted on

      Hi Phil. Often people are moved in well before the solicitor will lodge their application but timescales are normally between 6 to 8 weeks so we are now passed that.
      Drop us a line with the property details and the question and we can take a look to see what has happened at our end.
      https://www.landregistry.gov.uk/contact-us/form

      Reply
      • Replies to adamh>

        Comment by Phil Lyn Tomlinson posted on

        Thank you for your replye . We are at the stage that we don't no how to go about getting help. We have phoned our solicitor and asked for the land regastre but with no look. He did say we don't get deeds anymore . But we should get something to do with the land . We think if we had a number or something we can go on line and see our name on it . Thank you for you time . Our address is 21. Wn4 9nu

        Reply
        • Replies to Phil Lyn Tomlinson>

          Comment by adamh posted on

          Phil - thanks for replying with some additional info. I did provide a link to our online form for you to post the details in private.
          I have checked the electronic records and they confirm that an application was received back in March but that it was cancelled and returned to your solicitors. I would suggest that you contact them again with this information and ask them to check/confirm what is happening from their perspective.
          I should stress that the fact that the applicaiton was cancelled is not something to overly worry about at this stage as the reasons for doing so appear to be ones which should be relatively simple to rectify. If your solicitor is unaware of the cancellation then they need simply contact us for mroe details and I am sure things can be resolved quite quickly.
          If you need to contact us again then please use the online contact form and not the Blog

          Reply
  2. Comment by Cathy Perkins posted on

    There is always the danger that the solicitor on the other side is simply not going cooperate with you as a "lay-person". It happens!

    Here's a good (albeit quite old) overview (from a conveyancing solicitor) on the pro's and con's of doing your own conveyancing - http://i8it.ly/76gT2

    Reply
  3. 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
  4. Comment by Richard Bland posted on

    Hi, just a quick query. We are looking at buying a strip of land which runs behind the gardens of 14 bungalows. (About 300 m long by 11m deep). We have seen deeds and title plans and are quite happy with the history. We will buy through our solicitor and do all normal searches etc. Subsequent to the purchase, we have reached an in-principle agreement for all the property owners concerned to buy the section behind their own bungalows. We hope that we will be able to do these onward transfers ourselves. They are all cash purchases, and we would like to do these on an execution-only basis through to registering with yourselves, ie no other solicitors involved. We would provide all purchasers with a copy of the searches we will have done on our purchase of the land. We are doing it like this because the vendor does not want to get involved in individual sales, and we can fund the purchase initially.

    Could you just let me know briefly what is involved in dividing up the strip and registering the transfers to the individual owners. I presume you need scale plans and a description of each individual plot with a transfer form and the normal fee.

    Any quidance you can offer will be appreciated.

    Many thanks

    Reply
    • Replies to Richard Bland>

      Comment by adamh posted on

      Richard - the online guidance re transferring ownership broadly applies here as well but in each case you would be completing a Transfer of part (form TP1) rather than a Transfer of whole (form TR1)

      The guidance explains the process and links tot he forms and additional material to assist with completing them

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

      As you rightly state the Transfer would need to include a suitable plan and our online guidance explains how to prepare a suitable plan
      https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications

      Reply
      • Replies to adamh>

        Comment by Richard Bland posted on

        Hi Adam
        Thanks so much for your help, much appreciated

        Reply
        • Replies to Richard Bland>

          Comment by Richard Bland posted on

          Hi Adam - I'm just looking at the following page:

          https://www.gov.uk/government/publications/registered-titles-part-transfer-tp1

          and the section which says:

          For help completing form TP1, take a look at our guidance. For Panel 12 please see practice guide 62 on easements or contact a conveyancer for more assistance.

          But the hyperlink on guidance takes me to:

          https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

          which doesn't help much?

          can you let me have the correct link please

          many thanks

          richard

          Reply
          • Replies to Richard Bland>

            Comment by adamh posted on

            Richard - looking at the details and links I believe we are trying to link you to the Guidance on completing form TR1 so you would have to scroll down to the part entitled Guidance for completing TR1, namely this

            https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

            The forms are very similar so the notes for the TR1 (Transfer of whole) can be utilised to help with the form TP1 as well
            I think we could word the part you have highlighted better though so I shall see if I can get the editted - sorry for any inconvenience caused

          • Replies to adamh>

            Comment by Richard Bland posted on

            Thanks Adam

          • Replies to adamh>

            Comment by Richard Bland posted on

            Hi Adam, thanks again. I have looked at the guidance for the TP1's and the Plan Guidelines.

            Once (if) we buy the strip of land, which runs behind 14 bungalows in a straight line, we want to transfer the plot behind each bungalow to the respective owners. Each plot can be very clearly identified as being aligned with the existing left and right boundaries of each bungalow's title to a depth of 28 feet from the rear boundary of their existing title. Would this be a suitable case for just proceeding with a "verbal description" as it can be very easily referenced to the currently existing title plan? In any event we will get a copy of the title plan for the whole strip with our original purchase so can we just copy this 14 times (same scale) and draw the individual plots to scale and use this in conjunction with the description above?

            Thanks again for your help.

          • Replies to Richard Bland>

            Comment by adamh posted on

            Richard - the verbal description would only be sufficient on it's own if each part was already clearly defined on the seller's title plan. As it is currently a strip of land and not say 14 separate and defined plots then you would need to go down the route of including a plan in each TP1 defining the transferred extent

          • Replies to adamh>

            Comment by Richard Bland posted on

            ok, thank you

  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. Comment by Catherine Smith posted on

    We are looking into buying a garage that is in a block of about 24
    garages at the back of our garden. We have agreed on the price of £2,500
    with the seller and they are in the process of getting it removed from
    the deeds of their property. We have got a couple of prices from local
    solicitors for the cost of conveyancing and this is on average £600 plus
    Search Fee, Land Registry Fee and TT Fee. This cost would be
    prohibitive of us being able to buy the garage so thought we would look
    into doing this ourselves. Are you able to give us some advice on how we
    would go about doing this. Thankyou.

    Reply
    • Replies to Catherine Smith>

      Comment by adamh posted on

      Catherine - the blog article largely covers the reasons why we recommend seeking professional help and in many ways offers clues as to why their fees may be what they are as the conveyancing work requried is greater than simply registering the change of ownership.
      For example the link to transferring ownership above takes you to the forms and registration requirements once the sale has gone through and you need to register your ownership.
      Issues around what type of searches you would complete, the transfer of funds and so on are not something we can advise on I'm afraid though.

      Reply
  11. Comment by Christine posted on

    We bought the house last year and now we have been offered to buy a part of land adjoining our property. Do we need to have the solicitor or can we do it ourselves?

    Reply
    • Replies to Christine>

      Comment by adamh posted on

      Christine - we will tend to always recommend using a solicitor but the choice can often be yours. The only caveat to that is that if the seller's land is mortgaged then they are likely to have to use a solicitor and that may impact on your own decision.

      Transferring ownership is covered in our online guidance and the neighbour could use form TP1 to transfer the land to you.
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

      Reply
      • Replies to adamh>

        Comment by Christine posted on

        Hi Adam. Thank you for your reply. The reason I was asking is the price of land is £200, but solicitor fees are so high. Therefore I was wondering if it would be reasonable to do it without solicitor.

        Reply
        • Replies to Christine>

          Comment by adamh posted on

          Christine - all a matter of choice from your perspective as we would not reject any application providing it weas in order and completed correctly.
          Have a rea dof the guidance and the completion notes/video and then discuss/agree next steps with the owner - remember though it the land is mortgaged then this adds to the possible issues

          Reply
          • Replies to adamh>

            Comment by Christine posted on

            He is using solicitor. Does that mean we need to have one too?

          • Replies to Christine>

            Comment by adamh posted on

            Christine - not as far as we are concerned but do read the guidance

            The guidance only covers the registration of the actual Transfer as we are at the end of the sale/Transfer process.

          • Replies to adamh>

            Comment by Christine posted on

            Thank you very much for your advice.

        • Replies to Christine>

          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
  12. 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
  13. 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

  14. 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
  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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
  24. Comment by RKING posted on

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

    Reply
  25. 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
  26. 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.

  27. 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
  28. 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
  29. 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
  30. 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
  31. 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
  32. 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
  33. 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
  34. 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
  35. 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
  36. 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
  37. 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

  38. 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
  39. 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
  40. 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
  41. 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
  42. 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
  43. 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

  44. 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
  45. 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
  46. 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
  47. 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
  48. 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
  49. 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
  50. Comment by John Gardner posted on

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

    Reply
  51. 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
  52. 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
  53. 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
  54. 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
  55. 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
  56. 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
  57. 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
  58. 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
  59. 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
  60. Comment by Elaine Walker posted on

    We ARE SELLING 60 ACRES OF LAND and looking for a quote to do they conveyancing for this sale....anyone know of a Solicitor or Conveyancer who can do this ?

    Reply
    • Replies to Elaine Walker>

      Comment by adamh posted on

      Elaine - this is a blog rather than a forum so you won't see anyone offering general responses on it I'm afraid. I would suggest searching online for conveyancing quotes or trying locally

      Reply
      • Replies to adamh>

        Comment by Elaine Walker posted on

        Thanks a lot for that reply. Will do as you suggest.

        Reply
  61. Comment by FoliageAllenMill posted on

    Hi is this still live?

    Reply
  62. 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
  63. Comment by Amrita Bahri posted on

    Hi all, I bought an off-plan flat in London which is ude for completion in 3 months. I have received an offer on it and am considering reassigning the flat before I complete the purchase with developers. So, it is just going to be a simple reassignment case and I have no moretgage etc on that flat yet. My question is: do you think I could do the DIY conveyancing myself? Is there a guiding document that I could consult or be aware of in the same?

    Reply
    • Replies to Amrita Bahri>

      Comment by adamh posted on

      Amrita - it's not somethign we can advise you on I'm afraid. You refer to having bought the flat and then refer to 'before you complete the purchase' so I'm not too sure that it is a simple reassignement so would recommend that you get some legal/professional advice here. We do not provide guidance on such scenarios I'm afraid

      Reply
  64. 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
  65. 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
  66. 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
  67. 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
  68. 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
  69. 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
  70. 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
  71. 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
  72. 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
  73. 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
  74. 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
  75. Comment by Tanel Kagan posted on

    Sigh... best of luck Bruce.

    Reply
  76. 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
  77. 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
  78. 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

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