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.
487 comments
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.
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.
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!
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!
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.
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.
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
Comment by Simon G posted on
Joan, I need to do the same take my daughter off the mortgage and hence LR. Solicitor quoted me £500 plus VAT so attempting it DIY. I'm about to fill forms TR1 and AP1 plus ID1 and ID3. Straight forward name removal no exchange of money. Mortgage will be cleared hence DIY. Any important tips?
Thank you.
Comment by DawnS posted on
Totally agree with your comments, I have also added some details regarding my sons experience below
Comment by Charlotte Johnston posted on
I've done my own conveyancing for various changes to property ownerships - but only involving family members and so no money changing hands. I've saved a lot, but I think I would always use a solicitor for 'outside' purchases.
Comment by C Worthington posted on
Reply to Darren Grant and to Bruce Winslade - I regret to have to say i absolutely agree with you both. Having now "suffered" at the hands of six if not more solicitors on various different matters - cost lots of money and gained absolutely nothing for it- I am doing my own conveyancing. Unfortunately I have to engage the services of a conveyancer for one section of this transaction. I wait to see if this time i will be pleasantly surprised. Sad but true.
Comment by alan posted on
Yes, they are a devious breed and will do anything to protect their monopoly. I have heard of cases where conveyancers just refuse point blank to deal with someone who is “not in the club”, and raise complicated irrelevant queries.
Does anyone know of a web site for DIY conveyancers? If not I would be prepared to start one with guides, forms and contacts
Comment by Sharon Daley posted on
Hi Alan,
A website would be an excellent idea, I don't believe there is one currently. You used to be able to buy books on DIY conveyancing but they seem to have dried up.
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.
Comment by DawnS posted on
Totally agree with you, that has also been my sons experience too. I ave added some details on his issues below
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.
Comment by donald rigg posted on
hello
if a TR1 form is filled in and signed in 2014 to transfer a property into daughters name but the solicitor forgets about it until 2018 can the form that was signed in 2014 be used or will a new one need to be filled out? its a complicated situation .
Comment by AdamH posted on
Donald Rigg - it may be acceptable but it can also be complicated often by the need for an explanation and also depending on what’s happened since. If it is to be relied upon then we won’t consider it until an application is made. So I’d recommend seeking legal advice as to whether, in law, it is still valid and then apply as explained
Comment by Don rigg posted on
Thanks,and is an ap1 needed along with tr1 when transferring ownership?
Comment by AdamH posted on
Don rigg - yes if the property is already registered
Comment by clive byfield posted on
They don't have skin in the game, just a job & have let me down in one case costing me £10000, due to them knowing what they are paid to know & then telling me to find another solicitor if I'm I'm not happy with them. On another occasion I raised an issue with the Law Society, the solicitor claimed he'd done work that I had done, he was even on holiday when it occurred (pre internet), guess the outcome. Not a closed shop, really
Comment by Agne posted on
We have such awful solicitors that I ended up doing most of the work myself as they would not chase the lender or ignore seller's solicitors emails.
Solicitors are supposed to help and take the stress away, but from my experience it caused more stress and delays.
We were 2 months late to complete due to our solicitors incompetence .
We are definitely going to do it ourselves next time.
Comment by Nat George posted on
Hi ive been tending to an abandoned house thats falling into disrepair it would make a nice family home for me and my 2 kids. Can i claim the house under adverse possession and do my own conveyancing?
Comment by j posted on
Can anyone help me fill in AP1 form TR1 form and another form really stuck
Comment by AdamH posted on
J - have you worked through using the side notes and the completion notes which accompany the form TR1 provided online
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
Comment by adamh posted on
James - yes you can. 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
Comment by R Kaur posted on
I’m in a similar situation gift of a whole house from family no mortgage. The only issue seems to be the ID check which you both have to turn up to a land registry office for. Is it as simple as that?
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?
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
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
Comment by Adam Hewitt posted on
Good Afternoon, I wish to purchase my neighbours half of my shed that is landlocked on my property and extinguish the easement for her to pass over my land to the shed. The value is less than £6000 and I guess I just use tp1 and ap1 to transfer the title but can I easily extinguish that easement off both titles then? I can provide evidence of value less than £6000 by estate agent and neighbour is not mortgaged. We are both keen not to use a solicitor if not necessary. Many thanks in advance.
Comment by steve posted on
Hi could you please outline the process of selling and what I would have to do (which forms etc )
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.
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
Comment by NimishP posted on
Steve, it would be between you and the buyer or their legal representative to agree about contract of sale.
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
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
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.
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?
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
Comment by Steve Rafferty posted on
Thank you for the quick reply. Will you require any further ID from the people selling the land?
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
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?
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
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
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.
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.
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
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.
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
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
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?
Comment by adamh posted on
Jan - No
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?
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'
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
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
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
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.
Comment by adamh posted on
I Grant - you don't need a solicitor but have a read of our other blog article on what to do when an owner dies for more details
https://hmlandregistry.blog.gov.uk/property-owner-dies/
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?
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
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.
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
Comment by RKING posted on
Thanks for the pointer... Ill take a look.
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
Comment by adamh posted on
Zoe - if you think the title has been registered incorrectly then you should contact us with the details
http://landregistry.custhelp.com/app/contactus_general/
We will investigate and advise as appropriate
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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
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
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.
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
Comment by adamh posted on
Katie - we would usually recommend using a conveyancer as they are familiar with the forms and processes involved. However it is not compulsory to do so and our online guidance explains how to transfer ownership
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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.
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
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?
Comment by adamh posted on
Kit - you may find that the first lender's solicitor may insist on you 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
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.
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
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
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
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.
Comment by adamh posted on
Peter - you will need to contact HMRC to query stamp duty requirements I'm afraid
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?
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.
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?
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.
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 ?
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
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
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
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 ?
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
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.
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
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?
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
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.
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.
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/
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 ?
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
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.
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
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?
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
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!!
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
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.
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.
Comment by adamh posted on
Sharon - the seller can complete the form and the buyer then executes it as well before submitting it for registration. We register the end result so have no say with regards who completes what though so a matter for each party to really decide upon here.
If you are doing it yourselves then the identities of all parties will need to be verified.
Our online guidance explains what is required from a registration perspective when transferring the ownership
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by Sharon W posted on
Looked through guidance but got confused about verifying identity. She is not using a solicitor so is there somewhere regional that she can take her ID. We are in Devon
Comment by adamh posted on
Sharon - our list of Offices will help you decide if you are near enough to visit or whether a conveyancer is required to verify the id
https://www.gov.uk/government/publications/land-registry-office-addresses/office-addresses
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.
Comment by adamh posted on
Dave - our Practice Guide 2 explains how to register a property for the first time in such circumstances.
https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed
If you are looking for wider online advice then you might wish to try online forums such as Money Saving Expert where such matters are often aired and commented upon. Although this article is a blog and people do comment they tend to raise enquiries like yours, so any replies are generally ours only
However I would recommend that you rely on your solicitor's experience and advice
Comment by adamh posted on
Dave - you would both transfer the whole ownership fo each to just the one of you as appropriate
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Form TP1 is used when you are transferring part of the whole e.g. garden land for example and retaining the house. That does not apply here.
Although there is no mortgage I would strongly recommend using a conveyancer as they are familiar with the forms and processes. And can also offer wider legal advice of course
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
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
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
Comment by adamh posted on
Glynis - our online guidance explains how to register a transfer of ownership https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property. If the land is unregistered then please also refer to our PG1 https://www.gov.uk/government/publications/first-registrations
Comment by John Gardner posted on
Can we transfer title deeds on our house to son without a solicitor?
Comment by adamh posted on
John - our online guidance explains how you can register such a transfer of ownership. If the property is mortgaged you will need your lender's consent and they often insist on your using a solicitor.
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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.
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.
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.
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 ?
Comment by adamh posted on
Margaret - they are all needed at the same time. Have a read of our online guidance bearing in mind we can only advise on the registration requirements. I would recommend you get legal advice/assistance. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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.
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.
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.
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.
Comment by betty hibbits posted on
Land is max £30,000.
Comment by adamh posted on
Betty - the applicant will need to confirm that in writing when the application is submitted.
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
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 !
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?
Comment by adamh posted on
David - our online guidance explains how to Transfer ownership. It focuses on the registration aspects only and we always recommend seeking legal/financial advice as well to consider wider conveyancing (if any) advice as well as wills etc
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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
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
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
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?
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
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.
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
Comment by adamh posted on
Wendy - it reads as if you are looking to transfer part of the title so you would be looking at our guidance on transfer of ownership and form TP1. If her property is mortgaged she is likely to need her lender's consent and often they insist on the process being handled by solicitirs. Suggest you both read the guidance and go from there. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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
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
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.
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
Comment by jdh1957 posted on
Its not mortgaged and we dont want to be divorced.
Comment by adamh posted on
jdh - then very much your choice as to whether you do it yourselves or not
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
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
Comment by adamh posted on
Richard - panel 4 should refer to the nature of the application. I assume it is a Transfer so that is what you would add in panel 4. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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
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.
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.
Comment by Martin Tuckey posted on
Hi Ian, thank you for your prompt response, grateful for your advice. Martin
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
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.
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?
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
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.....!
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
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
Comment by Tanel Kagan posted on
Sigh... best of luck Bruce.
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.
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.
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
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
Comment by Ian posted on
It is not compulsory to use a solicitor but most sale transactions are carried out by legal professionals as they will be in a position to consider the legal / contractual process and issues involved. They are also regulated and insured as to their professional responsibilities. You may want to consider using the Law Society's 'Find a solicitor' service - http://solicitors.lawsociety.org.uk/
Please also see our guidance on Gov.uk which covers the main aspects of applying to register a Transfer of ownership - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property.
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
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
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!
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
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?
Comment by AdamH posted on
Mark - there are a few details you need to confirm before we can really advise as to what is required. I have also not heard of an AP2 form so assume you mean AS1? Have a read of our short guide online which askes you variious questions and then leads you through the process depending on the answers given. Qs such as is the property registered, is it in your late Father's sole name or is it jointly owned and so on.
https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page
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?
Comment by AdamH posted on
KateR - you do not have to use a solicitor but you, and presumably not the giver, will need to register the transfer. Our online guidance explains how this may be done https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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
Comment by AdamH posted on
Michelle - if you wish to buy it and she wants to sell then our online guidance on transferring the ownership explains what is required from a registration perspective https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
We always recommend using a conveyancer but it is not compulsory to do so as the article explains
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?
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
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
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.
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.
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.
Comment by AdamH posted on
Laura - we always recommend using a solicitor but it's not compulsory to do so. Our online guidance explains how registered land/property can be transferred and then registered https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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?
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
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
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
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!
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.
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!
Comment by AdamH posted on
Lindy - have a read of our PG 75 on the subject https://www.gov.uk/government/publications/transfer-under-a-chargees-power-of-sale
Comment by Lindy Leenz posted on
Thank Adam! I will work my way through the guide. Thanks again!
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
Comment by AdamH posted on
Roman - documents referred to on the register as 'filed' can be applied for by post only https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
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
Comment by AdamH posted on
Lindy - same forms if the property is registered so AP1, TR1 and ID1s as appropriate
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?
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.
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,
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.
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
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
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
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.
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?
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?
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
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?
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
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.
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
Comment by geoff posted on
I need to transfer ownership of non mortgaged house from dual ownership to single ownership.
Comment by AdamH posted on
Geoff - Our online guidance explains how you can transfer the ownership from sole to joint names and links you to the forms/completion notes you will need. You do not have to use a solicitor but we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
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?
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.
Comment by Mike posted on
Thank you Ian, Ill take it under advice from the solicitor once the TP1 content is known. Thanks Mike
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
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.
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?
Comment by AdamH posted on
Michelle - our online guidance explains how it is done from a purely registration perspective https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
However as you have a mortgage the lender is likely to have to consent and they are also very likely to insist that you do use a conveyancer. So I'd suggest speaking to the mortgage lender first and go from there
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?
Comment by AdamH posted on
Jonathan - the registration requirements can be generally straightforward https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property. The wider aspects such as joint ownership, wills etc would require legal advice
But if your property is mortgaged then your are likely to need their consent and they may insist that you use a conveyancer
Comment by Jonathan posted on
Thanks Adam, yes it's unmortgaged and the other aspects I understand.
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
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
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
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
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?
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.
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
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
Comment by Tom posted on
Thank you very much, I appreciate your time and speedy response.
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!
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.
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.
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.
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
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.
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?
Comment by ianflowers posted on
You're welcome. Yes that's all that's needed in panel 2.
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
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.
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! 🙂
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.
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
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
Comment by ianflowers posted on
Hi. No, DS1 is a separate application to cancel the mortgage and would not have any effect on the subsisting restriction. The law relating to trusts can be very complex. I note what you have said about cost, but, you may want to consider seeking independent advice, for example from Citizen's Advice or from a legal professional. Particularly regarding any responsibilities the solicitor who acted at the time the restriction was entered may have and the position regarding any beneficial interests that may arise under the will.
Please also see our general procedural guidance on making an RX3 application - https://www.gov.uk/joint-property-ownership/change-from-tenants-in-common-to-joint-tenants . Also section 6 or our Practice Guide 24 - https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land#cancellation-and-withdrawal-of-restrictions .
Any copy documents lodged with us should be certified as a true copy of the original.
If you have any further procedural queries, please contact us via our online form - https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page .
Comment by Amy posted on
Hi Ian,
In your link it states RX3 for change from tenants in common to joint tenants, but since one of the tenants in common has passed away, the change we would like is sole ownership of the property to the surviving tenant without the restriction that us placed on it (Form A). So would we need to fill out a RX3 form or some other form? We assumed
an RX3 and ST5 form would be required. In addition, would we need to use technical terminology in the 'give reasons/explanation for the removal of restriction' section of the form? We've been told we don't necessarily need to present the will but we feel it necessary as evidence to support our reasons. Should we include a copy of the will with the RX3 and ST5 form?
So sorry for the numerous questions but any guidance is very much appreciated.
Comment by AdamH posted on
Amy - RX3 and ST5 would be the correct forms to use. We would not require or consider the will if presented. You'll need to set out the circumstances under which. Our PG 24 section 7 explains in detail the guidance you will need to follow https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor#removal-restriction
If you refer to the five bullet points they will help you put together the statement of truth required to show how the sole surviving legal owner has become the sole surviving beneficial owner and that the trust the form A restriction protected has come to an end
The bulletted wording can be used to assist with forming the statement but as my colleague Ian stated if you are unsure as to the terminology/legal meaning then it is wider legal advice you need to to ensure that the trust has come to an end and the facts provided are correct
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
Comment by AdamH posted on
Mike - our online guidance explains how you can transfer the ownership from sole to joint names and links you to the forms/completion notes you will need https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
If, after reading the full and linked guidance and forms you need help completing them then you can call our support centre on 03000060411 but we cannot provide legal advice
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
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).
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.
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
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/ ).
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.
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
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.
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.
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 ?
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
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.
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.
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.
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!
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.
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.
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?
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
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.
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?
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
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.
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
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.
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
Comment by janet posted on
Many thanks Adam
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
Comment by AdamH posted on
Mrs K - form ID1 is required if we are verifying your identity
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?
Comment by AdamH posted on
Mrs K - yes hence the need for form ID1
Comment by ianflowers posted on
Paul - Please our guidance on GOV.UK to assist in completing the forms - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property . There are links to the respective forms pages and if you scroll down on those pages you can view guidance notes for each form and an instructional video. As mentioned in the blog, although it may be a straightforward transaction there may be more to consider that just the registration aspect.
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
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
Comment by Peter M posted on
Thanks Adam. That is really helpful clarification.
Best wishes
Peter
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,
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.
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.
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.
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.
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.
Comment by AdamH posted on
Adele - you can do your own conveyancing irrespective of who the parties are.
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.
Comment by AdamH posted on
Richard - we can't advise you on such matters I'm afraid.
Comment by Richard Barber posted on
Hello again Adam last time I had written to you was back in 25th and 26th June regarding the sale of my properties, After writing to you I found a solicitor and started the sale procedure and while all was going fine I received a letter from SRA saying they closed down my solicitors and sent my paperwork to Blake Morgan solicitors and If I wanted to get them I should fill a form and send a copy of my ID and if I claim any money that my solicitors hold I should fill another form etc. I received my file and went through the corresponding and saw that they were at the exchange contract stage, I would like to exchange the contracts and complete myself as I already lost my confidence although the buyers solicitors insisted dealing with a solicitor but me. Against they had said they won’t work with a lay person I will sign the contract in my file and together with official copies which are already here, the sellers property information, fixtures, fittings and contents list, the sellers leasehold information for the flat as both my properties are mortgage free and already agreed the sale conditions with the buyer, I will also fill and add TR1 document then will send them to the buyers solicitor and see what happens. If they still don’t want to exchange and complete with me and insist on another solicitor I would like to talk to the buyer and complete myself direct with the buyer and if it comes to that stage and if I have any questions in my mind I will write to you again and hopefully will find the way to complete and get over with it.
Best Regards
Richard.
Comment by Lucy posted on
Hi Richard,
A couple of posts here where sellers told by buyers solicitors, 'only deal with other solicitors', well for one thing lawyers do not have any right what so ever to demand anything fo the such. Lawyers, under contract, are agents of buyers AND THATS IT, the legimtiate request for ID checks, as regulated, does NOT give them contractual right to refuse dealing with seller direct as no doubt, they are under contract wit deal with seller, ot is seller chooses a nominated agent ie "lawyer". The buyer either gets another lawyer or point out if lawyer jepordises sale there could be financial reprecussions. A lawyer simply needs to request relevent proof of ID etc all of which can be dealt with directly, I cant see a lawyer making a defence beyond what is reasonable here, and no such lawyer is an ID expert, remember all info you supply you are accountable for!
Comment by Richard Barber posted on
Thank you for the info Lucy, the problem here was the lack of information from the buyer's solicitor as later on at some time he mentioned it was to do with buyer's loan raising condition but I stood firm on my ground later on whatever his solicitor advised him he accepted to pay my side of solicitor fees too and even then buyer's solicitor needed a bit push to finalise the procedures.... So finally it over and everyone is happy but same as not every doctor, politician, manual worker etc. are not doing the job right it is same with solicitors too unfortunately.
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?
Comment by ianflowers posted on
Andy - it depends on the circumstance of the removal. Please see our general GOV.UK guidance on the most common situations - updating the register when a property owners dies - https://www.gov.uk/update-property-records-someone-dies?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a and transferring ownership to someone else - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property .
Comment by Andy posted on
Hi Ian
At the moment my ex wife and I are joint owners of a property. As part of the divorce settlement one of the names needs to be removed from the deeds. Thanks
Andy
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?
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.
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.
Comment by AdamH posted on
Elizabeth - Our online guidance explains how you can transfer the ownership and links you to the forms/completion notes you will need. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process and offer wider advice as appropriate
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.
Comment by AdamH posted on
Andrew - Our online guidance explains how you can transfer the ownership and links you to the forms/completion notes you will need. https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
The registration fee if the Transfer is by way of a gift/no monies changing hands, is payable under Scale 2 on the current market value of the property. https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees
Whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities
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?
Comment by AdamH posted on
Mike - they can but ideally it should be someone who knows you and is not a family member
Comment by Felix posted on
Hi there,
My neighbour has agreed to sell me a tiny sliver of boundary line land to help with some access to my garden. I would like to do this Conveyancing myself, without paying solicitors’ fees. The vendor is quite busy, and so I have agreed to conduct the paperwork for the transaction. We have agreed a price, which is under £6000. He has no mortgage, but I do. At the end of the process, I would like the properties’ deeds and the land registry plans to be fully updated.
I have looked online to see what I need to do, and I am relatively happy with the process to get the land registry plans updated (the onus sits with the vendor, but I will help him with the forms). However, how can I update the deeds without paying solicitors’ fees on either side?
Any information would be very useful. Many thanks in advance.
Comment by AdamH posted on
Felix - the online guidance explains how your neighbour can transfer part of his title (form TP1) to you and you then apply to register it using form AP1. We would not add it to your existing title I'm afraid as we have a backlog of this type of work and it is unnecessary from a registration perspective.
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property and
https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
Comment by Felix posted on
That’s great, thanks Adam.
Final set of questions: there is a right of access covenant between the vendor and the church commissioners (who originally owned all the land; they have specific permission to use the portion of land that is being transferred to me). This right would of course remain after the transference, however:-
- on section 12 in the form TR1, would this be a ‘right granted for the benefit of the property’, a ‘right reserved for the benefit of other land’, a ‘restrictive covenant by the transferee’, or a ‘restrictive covenant by the transferor’?
- if any of the above, is the exact wording (which exists on the vendor’s deeds) required in section 12, or can I summarise it?
- do the Church Commissioners need to be involved at all?
Thanks again for your help!
Comment by AdamH posted on
Felix - we can’t advise you on how rights/easements are granted/reserved or included as part of an application other than as per the guidance in our PG62 https://www.gov.uk/government/publications/easements
I’d strongly advise you to seek legal advice/assistance as a right of access can be crucial for obvious reasons
Comment by Hazel posted on
Hi...my brother wishes to purchase his council house under the'right to buy' scheme. He has the cash. The council are asking for the name of his solicitor. Does he need one.
Comment by AdamH posted on
Hazel - entirely a matter between you and the council.
Comment by James posted on
My wife and myself own two adjoining Registered Titles, one being our residential property and the other a stable block with grazing land. Both Titles have a charge against them by our mortgage provider,with the mortgage soon due to reach termination. The Titles both show ancient boundary lines which followed the line of previously existing agricultural buildings which have long since been demolished and replaced by two detached garage blocks serving the house. The ancient boundary line now bisects both garage blocks and despite previous efforts by a legal conveyancer to have the boundary realigned this was never achieved,and did not present a problem at the time. I would now however like to apply personally, using Form AP1, to have the boundary realigned between the two Titles so that when they are free from any legal charge I can if necessary sell either one Title independently without it causing a boundary issue with the other.
This involves the transfer of six small portions of land, four from the Stables to the Property and two in the other direction.
My questions are, do I have to list each individual portion of land in Box 4 of the form, or can I list them as one area for collective transfer in one direction and one in the other; also my estimate of the total value of land being transferred is less than £2000.00, so I do not as I understand it need to provide proof of identity, but do I need a Chartered Surveyor to verify my valuation, as the areas are so small, the largest being 80 sq. metres?
Comment by AdamH posted on
James - the two of you cannot transfer the legal ownership to the two of you. You already own the land/both titles. Whilst form AP1 might be appropriate a transfer would not if you are both to retain ownership. And as such evidence of identity would not arise.
In the circumstances I would recommend you contact us at customersupport@landregistry.gov.uk first quoting the specific details and including a plan and explanation as to what has been developed and where the changes are required. We can then take a look and advise as to what next steps are appropriate.
Comment by James posted on
Adam,
Thanks, that's interesting, I have already made one abortive application via the DB process which was recommended to me by reply to an email sent to Land Registry requesting advice. That process cost me a substantial amount as I had to provide a physical survey which I commissioned from a Land Surveyor to an accuracy of +/-10mm, requirements of which I am sure you are aware. Anyway it was rejected as being incorrect with the advice that I should proceed through the AP1 route! What next, I am beginning to understand why my Legal Conveyancer who tried 15 years ago gave up on the process!
Anyway I will proceed with the advice you have suggested.
Many thanks for your swift response.
Comment by AdamH posted on
James - sorry to hear that but without sight of the specific details re your rejected application I can't usefully comment. There are many ways to deal with a boundary issue but they all tend to rely on the actual landowners agreeing a way forward. If you reach an agreement and formalise it by way of a legal deed then that would be the AP1 route. If you go for a DB then that is a separate process and form as you are aware.
Comment by James posted on
Adam
Thanks for your advice which I am pursuing but in your first response you stated that "as such evidence of identity would not arise". Is this correct when applying to change the Register using an AP1 application as a solicitor has quoted me a sum for providing evidence of identity? I have been informed by my mortgage company that my application to change the Register has to be carried out by a legal conveyancer not by myself!
Comment by AdamH posted on
James - in the context provided I stated that as no transfer by you both to you both could take place then the issue of identity evidence would not arise. Clearly you are going another route so evidence of identity may be needed by us, or just by your solicitor. I’d ask them to confirm but have a look at PG 67 section 4. https://www.gov.uk/government/publications/evidence-of-identity-conveyancers
A lender will insist that you use a solicitor
Comment by James posted on
Adam, Thanks again, I will follow this through with the solicitor and make the application through them.
Comment by AdamH posted on
Z - you have the precise details so can check with HMRC as appropriate re SDLT. You asked what else might be needed and SDLT is an example only but may not be appropriate depending on exact details
If you are attending one of our offices then you’d need documents as explained on the ID1 form. Not copies. Unsure if you mean this but you can’t for example ask us to verify a party’s ID if they are not present at the appointment. Please read the full guidance, firms and completion notes for each
Comment by Donna posted on
Hi I am currently in the process of selling 20% of my house for £ 35,000. The buyer is a family friend and is being represented by a solicitor I however have chosen to go down the D.I.Y route . There is a mortgage on the property with Lloyd’s bank which will be paid off before the purchase goes ahead . It’s my belief Lloyd’s will then submit a EDS1 to the land registry . What other forms do I need to fill in to get the charge removed so the sale can go ahead and what forms do I need to fill in for the sale or will all this be done by the buyers Solicitors.
Many thanks
Comment by AdamH posted on
Donna - if the lender are discharging it electronically then we don5 need anything else from you. And the buyer’s solicitor will register the application to presumably transfer the title to the two of you
Comment by Donna posted on
Many thanks for for your reply Adam , as they are being represented by a solicitor and we are doing the DIY route is there any need for an ID1 form to be sent to the land registry bearing in mind they have been a family friend for 30 years so no need to prove our identity to them ?
Comment by AdamH posted on
Donna - there is always a need to prove your identities in this scenario be that to any conveyancer involved and/or ourselves. Whether you need to prove it to each other is not a conveyancing/registration requirement
Comment by AdamH posted on
DB - I would suggest checking with HTBW first to see if you can DIY as there may be legal requirements around movement if monies that mean you need to use a solicitor for example.
If not then we would need forms DS1 (lender) and DS2 (you) plus evidence if identity as appropriate but check with HTBW as to how they discharge their charges also.
https://www.gov.uk/government/collections/hm-land-registry-forms
Comment by BRIAN DAY posted on
My wife and I are divorcing. The court has approved our mutually agreed Consent order in which she has agreed to transfer all rights to the marital home to me; do I have to apply to the Land Registry to initiate the process or does she, or do we both have to apply separately?
Comment by AdamH posted on
Brian - you will both have to transfer the legal ownership https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Who then applies to register that is up to you but generally speaking it’s the one who is remaining who does that
Comment by Brian Day posted on
Thank you AdamH for your prompt reply! So, if I fill in the forms first & pay the fee, do I get an application reference number to pass on to my wife, or does she have to do the same & Also pay a fee ?
Comment by AdamH posted on
Brian - it's a single application (form AP1) submitted to register the Transfer (form TR1). No reference number is issued. You both need to complete the form TR1 and have your identities verified. One of you can then submit them along with the form AP1 and fee
Comment by BRIAN DAY posted on
Hi AdamH, my wife & I have both completed our respective parts of the TR1 form, but I will be submitting the paperwork for the deed transfer. Does my wife need to send me a completed form ID1 & possibly an HR4 ? She did agree to sign over her rights to the house to me in our Consent Order, which Has been approved by the Court.
Comment by AdamH posted on
Brian - if there is a Notice on the register protecting her rights of occupation then yes you will need a form HR4. The alternatives are listed on the form itself.
If you are submitting the Transfer and AP1 yourself then both your identities will need to be verified. IF she is having her's done by a solicitor then you would need to submit the completed form with your application
Comment by NiravV posted on
Hi,
I've just purchased 100 % share in my share ownership property so now I own 100 % of my property and its no longer under shared ownership. I've now found that there is a pre emption clause on Land registry which obliges me to first offer the property to my housing association first in the situation if I try to sell my property in next 21 years.
I would like to remove this clause from Land reg. Can I do it myself without a Solicitor ? Any help would be much appreciated
Comment by AdamH posted on
NiravV - our PG 19 explains how third party interests and the notice/restriction registered to protect them might be removed from the register https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
You do not have to use a solicitor but I suspect much will depend on the circumstances as to how the clause no longer applies for example and the supporting evidence you have. We can't advise you on the legal position but I assume the Housing Assoc has advised/confirmed next steps after your final share purchase
Comment by NiravV posted on
Hi AdamH, thank you for your response. I'm trying to establish contact with Housing association but they are very slow. What sort of evidence can I produce ? Secondly do I need to take my lender permission and would they make me arrange for a solicitor ?
Comment by AdamH posted on
NiravV - as posted we can't advise on what type of evidence you need here. That's for you to resolve with the HA as appropriate. The same applies re your lender and their requirements. And a lender will often insist on a solicitor being involved but again something to ask them directly
Comment by NiravV posted on
AdamH - ok thank you for your help.
Comment by DawnS posted on
I think doing the DIY conveyancing would have proved more successful had my son gone down that route, they instructed a local supposed SRA approved and The Law Society accredited conveyancer. Although they could have done a better job themselves, as First Time Buyers they relied on the Solicitor to advise, give instruction and treat them fairly, instead they were given misleading and defrauded information, no instruction, falsified documents, acted in conflicts of interest and they have ended up in the most horrendous situation with regard to the property and some of the neighbours. To say that "If you use a professional conveyancer, you’ll be covered by their professional insurance." is a a load of bull I am afraid because if the solicitor does it wrong then the professional insurance will not pay out unless you sue them because they rely on the fact that people either dont have the funds to do it or time and inclination.
So far the professionals who get paid a fortune to protect you have done nothing but stitch them up with the malpractice and they still cant find an honest and reliable one among them, the so called regulators (SRA) do not help either they side with the professional it is a totally
Comment by Goodlife posted on
Hi.
I'm looking to sell my personal rental property into my Limited Company. I realise there are tax issues which you cannot comment on, but is the actual conveyancing process the same? Could I do this myself?
Any help would be most appreciated.
Thank you.
Comment by AdamH posted on
Goodlife - Our online guidance explains how you can transfer the ownership and links you to the forms/completion notes you will need
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities
Comment by Gatis posted on
Hi,
I just signed the HM Land Registry Transfer of whole of registered title form in front of the witness who also signed it. But we did it with blue pen. And I only now noticed it says "Any parts of the form that are not typed should be completed in black ink and in block capitals." Does this apply also to signatures and witness information? And will it not be accepted if done in standard blue ink?
Thanks
Comment by AdamH posted on
Gatis - the colour used in executing the form should not be an issue
Comment by Arun M posted on
Hi,
I wish to make a simple change in the share in the house my wife and I own. Do we need to go through a solicitor? Seems like a simple amendment and could both of us not sign some form to enact that?
Thanks
Comment by AdamH posted on
Arun - I think you mean checking/changing your joint property ownership - https://www.gov.uk/joint-property-ownership
You can do a lot of things yourself but I’d always recommend getting legal/financial advice before doing anything yourselves even if to just confirm it’s a good/bad idea and what impact it may have
Comment by ArunM posted on
Many thanks adam for your response
Comment by Katie posted on
Hi,
I am going to be the administrator of selling my grandmother and grandfather house (I have letter of admin for grandmother and grandfather passed before) which was joint tenants on behalf of their three children.
1, do I have to have a conveyancer?
2, will I need to provide a ID1 to the buyer solicitors?
3, would they provide me with the property information form or do I seek this myself?
Comment by AdamH posted on
Katie - whilst you do not have to use a solicitor we always recommend that you do as they are familiar with the forms/process, offer wider advice as appropriate and can also verify your identities as appropriate
From a registration perspective then no if you are the administrator as named in her letters of administration
I suspect you would have to seek that form yourself. It's part of the conveyancing, not registration, process.
Comment by Nathan posted on
Hello
There is a piece of land to the rear of my property (attaches to my garden) which is owned by the previous home owner.
I am interested in making an offer but wondered how easy it would be to transfer ownership of land to myself and would I require a solicitor at all. I’m really keen to keep costs down as I’ve just purchased my first home.
Kind regards,
Nathan
Comment by AdamH posted on
Nathan - have a read of the blog article and our guidance on transferring ownership
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
We’d always recommend using a conveyancer
Comment by susan griffin posted on
I have bought an unregistered freehold house at auction. The sellers solicitor has asked for a draft TR1 form to be sent to her. my understanding was that the TR1 was sent by the seller to the buyer, and the buyer then filled in an AP1 to register their ownership?.
Bearing in mind this property is unregistered and sold with limited title guarantee, (deceased sale by executors) at what point do I register my title, obviously after I have paid for the property but is there a time constraint and when do I pay the stamp duty owed on the purchase?
I am having difficulty due to travel restrictions and solicitors offices being closed proving I.D, (I have filled in ID1) are there any other paths to certifying I.D now land registry offices are closed please.
Comment by AdamH posted on
Susan - form TR1 can be used for the transfer but if it’s unregistered then it’s form FR1, not AP1 you need https://www.gov.uk/government/publications/first-registrations
Stamp duty should be paid with8n 2 months. The same timescale is normally applied to applying to register but with HMRC there’s a financial penalty if you don’t but not with us
New guidance on providing identity verification should be issued this week with an amended PG 67 and a new 67A. You may wish to wait to read those as there are no other paths at present https://www.gov.uk/government/publications/evidence-of-identity-conveyancers
Comment by susan griffin posted on
Thank you, that's vey clear. I have read that owners since 2000 have to register as they come into possession of the property, does this apply to executors who will then benefit from the sale of the house, are they considered to be "owners" if probate is granted to them and they inherit under the will. Should they register the property or is that something I must do after completion? In which case their interest is never recorded and I am buying from ???? or is their name on the TR1 sufficient proof of legitimate ownership.
many thanks
Comment by AdamH posted on
Susan - most probate sales are based on just that, the probate. So you have a register referring to the deceased, a probate confirming the death and the legal authority of the executor to deal with the deceased’s estate, which can include the property.
Many sales/purchases are based on the above. And the purchaser then registers their purchase.
The executor is not registered as whilst the property formed part of the deceased’s estate and was inherited by the beneficiaries the legal ownership has not effectively changed until its transferred.
The beneficiaries interest is in the beneficial ownership left to them under the will. So on a sale that interest is in the value/the purchase monies. They don’t have to be registered as the legal owner to realise that beneficial ownership
Comment by susan griffin posted on
Could you tell me please if the electronic portal is just for solicitors and conveyancers or can I use it for a one off transaction, to send in an FR1 and supporting documents in DS2, and will the reduction in fees apply?
Also I am unsure what supporting documents are needed? apart from the conveyance , epitome of title, is there anything more you would require?
Thanks
Sue
Comment by AdamH posted on
Susan - portal is for business customers only but they can’t lodge a FR through it either.
See section 4 of our PG 1 for guidance in how to apply and what to lodge. https://www.gov.uk/government/publications/first-registrations/practice-guide-1-first-registrations#lodging-applications-for-first-registration
Comment by susan griffin posted on
Thank you, that is perfectly clear, I will submit my TR1 safe in the knowledge that they do indeed have the right to sell to me.
Many thanks.
Comment by susan griffin posted on
I understand the correct fee for first registration of a property (FR1) costing £199,000.00 is £190. I do not have a cheque book but can transfer the amount electronically using internet banking. Is there any provision for this please. I am not currently able to visit my bank due to coronavirus lockdown, and cannot think of any other way of paying this sum. if this is a viable method of payment, may I know where I can find the bank details necessary for the transfer.
Thank you
Comment by AdamH posted on
Susan - cheque or postal order only I’m afraid. If you don’t have a cheque and can’t access a Post Office then can you find a family member or friend to write a cheque for you.
Comment by Shamim posted on
Hello due to various health and personal reasons I have decided to gift a flat I own to my mum. The flat has a tenant in it so the rent will give my mum some income.
I'm completing a AP1. form.
In section 6 'The Applicant' just double checking that it's just my name that goes here?
I'm also doing a TRI and ID1 form.
I do not have a mortgage but it is a leasehold. Are there any other forms I need to fill bar the 3 above as its a leasehold?
Thank you
Comment by AdamH posted on
Shamim - the applicant is for whoever is to be registered as the new owner. AP1, TR1 and ID1s are the forms generally required for registration purposes
Comment by Shamim posted on
Thank you Adam for the quick reply.
Comment by Martin posted on
My elderly mother owns the Freehold to a small piece of land near Woodsetts, Worksop. The land has registered on the HM Land Registery by the leaseholder of the land, but they still pay my mother £10 per year rental.
Can we register the Freehold with yourselves to make sure ownership is maintained in the family. If so what forms need to be filled in and what evidence is required?
Do we need to get permission or liaise with the leaseholder?
Comment by AdamH posted on
Martin - our Practice Guide 1 explains how to register for the first time https://www.gov.uk/government/publications/first-registrations
You don’t need the leaseholder’s permission
Comment by Anne posted on
Both of my parents passed away,I am the sole beneficiary,have been told to use ST5 with RX3 to remove restrictionA,in section 3 of ST5 do I explain both parents who held property as tenants in common are deceased,then in Section 4 do I explain that I am the sole beneficiary.
Many Thanks
Comment by AdamH posted on
Anne - see our PG 6 for guidance on how to remove the form A restriction
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
The answers are Yes re panels 3 and 4 but the PG guides you through the facts to be included as appropriate
Comment by Hancock posted on
Hello,
I and my father own a house. My father wants to have that house in my name only. We also have a mortgage. How can I do it and what forms do I need to fill ?
Thank you in advance.
Comment by AdamH posted on
Hancock - please see https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
As it’s mortgaged you are very likely to need the lender’s consent and they may also insist you use a conveyancer
Comment by Hancock posted on
Thank you.
Comment by Matthew Hicks posted on
I have made a verbal agreement to purchase a freehold plot of registered land for £2,000. Because the value is less than £6,000, it appears neither myself nor the vendor have to provide evidence of ID. However, there is no check box that I can see anywhere on form TR1 or AP1 to indicate it is a low value transaction, so ID verification is not needed. Do I simply complete form TR1 and AP1 with the seller and send off to you? How do I deal with panel 14 of form AP1, where I will not be enclosing evidence of ID?
Comment by AdamH posted on
Matthew - complete panel 14 to refer to each party but add an explanation as to why no identity verification is provided e.g Low value transaction - none required
Comment by KarenE posted on
We are buying a property that has 2 title deeds - 1 for the house and 1 for an adjoining piece of land currently used for parking and garden. It now appears that,despite the house having changed hands at least 3 times to our knowledge, the title deed for the extra land is still in the name of the person who lived in the house and purchased the adjoining land in 1964! The house has previously been advertised and sold with this land and had planning permission for a carport erecting on this bit of land in 1981.
We are happy to purchase the original house and land but continue to use and maintain this land and if someone comes along to claim it then we would hand it over however would it be easier to claim adverse possession?
Comment by AdamH posted on
KarenE - in my experience it’s less to do with which is easiest but more to do with what can be achieved. For example if you can’t get the legal ownership transferred by the still registered owner you are left with the choices you mention. Doing nothing is clearly the easiest in that scenario but may be the wrong choice should you need to sell for example in the future. I’d rely on your conveyancer here for their advice
Comment by Karen Olivant posted on
Hi again. We’ve finally moved in and I’ve contacted my conveyancer about the land issue. She seems to think that we cannot go to Land Registry until we can prove adverse possession for 12 years. The last owner has signed a statement of truth but only lived in the property for 3 years however the house was advertised as having the extra land included in the sale in 2011 and had planning permission for a carport on the extra land in 1985. Would this evidence be sufficient to put in a claim for adverse possession? Alternatively could we go down the error in title route? My conveyancer admits she has not had much experience in situations like this so I would appreciate any guidance you could give. Many thanks
Comment by AdamH posted on
Karen - it seems unlikely but we simply can’t say definitively until an expedited application is made. There’s no link between planning approval and land ownership and advertising a property plus land for sale doesn’t prove you own it in my experience. You need to rely on your legal advice here as it’s the legal requirements you need to meet before trying to get it registered.
If you go down the error in title route then you’ve got to prove, through the paper deeds and ‘poor’ registration that an error was made. I’m guessing you don’t have that hence considering a claim but again something your conveyancer should be able to check and advise on. Bottom line is if you don’t have the paper deeds it seems very unlikely you can show an error was made
Comment by Amanda posted on
Hi, we wish to purchase part of next door’s garden. Neither of us has a mortgage and we are both
not registered with the Land Registry. How easy would this be to do ourselves and at what cost? The land would be about £5000.
Comment by AdamH posted on
Amanda - it’s impossible to comment on how easy it would be as that’s very subjective and dependent on how much you do yourselves. Doing it yourselves could make it harder.
Such a transfer of ownership would trigger the need to register the transferred land for the first time. So I’d suggest having a read of our online guidance and our Practice Guide 1 - those will help you re the registration requirements and fee
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property and
https://www.gov.uk/government/publications/first-registrations
Comment by Paul Milverton posted on
I am in the process of transferring a leasehold from one family member to another. HMRC rules are clear in that there is no stamp duty to pay as there is no money changing hands. Do I therefore still need to submit an SDLT1 form to HMRC in order to complete the process with the Land Registry?
Comment by AdamH posted on
Paul - you only send us a HMRC certificate if you are paying SDLT. https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property#documents-to-send-with-form-tr1
I would recommend that you include a covering letter to explain why SDLT is not payable
Comment by Paul Milverton posted on
Dear Adam
Thank you for clarifying this issue. I will follow your advice.
Much obliged-
Paul
Comment by Paul Milverton posted on
Dear Adam,
Having meticulously checked that the TR1 and AP1 forms were completed correctly and signed in the right places I then overlooked to enclose the cheque for payment before putting it all in the post.
Due to the Covid-19 arrangements it is not possible to speak to anyone at HMLR over the telephone, should I just put the cheque in the post with a covering letter? Or is there anything else I can do to ensure this does not cause a problem or delay in the transfer process?
Thank you again in anticipation of your help.
Paul
Comment by AdamH posted on
Paul - whilst it is possible to ring there’s no need. Put it in the post to same address with a covering letter quoting title number, address and your details re application lodged.
Comment by Paul Milverton posted on
Thanks again Adam.
Comment by Not very impressed posted on
Would have liked to do my own conveyancing on a very simple property purchase. Have been advised by the estate agent that the seller has tried three different solicitors firms who will not represent the seller because the buyer is carrying out their own conveyancing. They feel it will involve additional work and would leave the buyer at risk. Sounds like a cartel to me. So I am blocked from carrying out my own conveyancing.
Very disappointing.
Comment by HM Afzal posted on
Hello. I would be grateful for some guidance.
My husband and I loaned my son money to purchase a property, under an agreement that a charge be applied in our favour until he is able to repay the amount loaned.
The loan has almost been repaid and now we wish to take steps to remove the charge from the register when it is done.
My understanding is that I will need to complete forms DS1, AP1 and ID1 and submit these to the LR to have the charge removed. Are any other forms required?
Is form RX1 also required so that the restriction detailing the charge is removed from the register? Or if form AP1 sufficient?
Where form DS1 requires us to execute - does this simply mean my husband and I need to sign here (s.8 Execution box)? Or is something else required apart from signatures?
Form AP1 requests details of the conveyancer. Is it necessary to instruct a conveyancer for this?
I have read that the application to discharge a registered charge is exempt from fee. Does this mean I do not have to pay anything to have the charge removed when I am sending these forms to the LR?
Thank you in anticipation of your response.
Comment by AdamH posted on
HM - those are the correct forms. If the restriction references the charge then it will also be removed when the charge is.
See our PG 8 section 2.1 as to how to execute it.
https://www.gov.uk/government/publications/execution-of-deeds
It’s not necessary to use a conveyancer and there is no fee
Comment by SiH posted on
I need to remove the name of a deceased joint owner from 3 titles. Do I need to send 3 copies of the certificate of death along with the 3 DJP forms or will 1 copy cover them all?
Comment by AdamH posted on
SIH - you can use 1 form referencing all 3 titles and 1 copy certificate
Comment by Joe posted on
Is a TA6 Property Information Form legally binding, or on an 'equal footing' with a TP1?
I ask as our previous owner put in the TA6 that there was a service charge to a neighbouring property for the upkeep of common parts that isn't in the corresponding TP1 - though payment for other services are listed.
Thanks,
Joe
Comment by AdamH posted on
Joe - you’d have to ask your solicitor for advice on whether it’s legally binding or not. The form is completed by a seller to provide information to the buyer but it’s not a land registration form. I understand it forms part of the pre-contract agreements made between each party so check the form itself for an explanation as to its legal importance or otherwise
Comment by Norman House posted on
Having completed probate twice (for both parents) I have found the forms for a simple house deed change more complicated and a little confusing.
I need to change the title deeds of my parents house to my brother's name (as per wills and probate). There is no mortgage on the property. What are the forms we need to fill in in addition to AP1? Do we just need a conveyancer to agree identities?
Thanks for any guidance.
Comment by AdamH posted on
Norman - all depends on the details as to what else is required in addition to the application form AP1.
Our PG 6 covers much of the guidance ground for you so have a read and if Qs remain let me know
https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor
Comment by Norman House posted on
Thanks Adam. I will have a read this evening and get back to you if I have any more questions.
Comment by Alexf posted on
Hi, I’ve been offered some surplus land from my parents. I was wondering how I would go around putting the land into my name. Their house is still mortgaged but they are coming to the end of it. Any advice would be appreciated.
Comment by AdamH posted on
Alexf- see our online guidance on transferring ownership https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
I would also recommend seeking wider legal advice
Comment by Sha posted on
Hi I am in the process of redeeming my mortgage with existing funds and would like to know what is involved when it comes to discharging the charge with LR. If the Bank discharges then they simply need to submit a E-DS1 form without anything being required from me?
If they insist I discharge the charge then they will have to send me a DS1 form and I will have to submit this alongside a DS2 form and ID checks is this correct and all that would be required?
Also would you know who is legally responsible to discharge the charge once the property finance has been settled?
I ask all this because the bank is insisting I use a solicitor to get the charge discharged but at the same time charging me a £200 discharge fee.
Thanks in advance
Comment by AdamH posted on
Sha - yes if they discharge electronically. Yes re forms but you need to cover off lender as well and that could be why they are insisting on a solicitor being involved - something to check/confirm with them as this is very much a matter between you/your lender. We can’t insist on how they do this
The only legal requirement is that it’s the lender who has to discharge the charge before we can remove it in receipt of an application
Comment by Sam posted on
I am purchasing a property without a Solicitor, it is from 1 individual to me & my wife so I have 3 x ID1 forms, 1 x TR1 and plan to complete AP1 too.
SDLT will be payable and I have a paper SDLT1 form ready to submit upon completion but will I need to submit anything to land registry in relation to SDLT? And what would this be?
Comment by AdamH posted on
Sam - see our online guidance https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
You’ll need to provide evidence of compliance, namely that the SDLT has been paid and that is normally in the form of a SDLT 5 certificate
Comment by Gul shah posted on
Gul.
I have recently exchanged contracts and waiting to complete. I am acting in person. Facilities for the vendor’s insist that at completion when the funds are to be transferred there will require that it be transferred to a solicitor or conveyancer’s account as per clause 6.7 of the rules. How can this be done without having to use a solicitor who will charge money unnecessarily in relation to my money went through their account.
Comment by AdamH posted on
Gul Shah - you’ll need to query that with the seller’s conveyancer as they will be governed by the rules under which they operate. It’s not part of the registration process so we can’t advise on what’s required or what alternatives might exist.
Comment by Craig posted on
Hello, I recently jointly inherited my parents house, my sibling is buying my half. he has applied for a mortgage and got a Solicitor for conveyancing, but what do I need to do?
Can I do my part of the conveyancing myself? if so what do I do?
The house is mortgage free, nothing is in my name, so im unsure what a conveyancer will do for me? but im told I need one and it will around £850
Comment by AdamH posted on
Craig - we can’t advise you on the conveyancing required. The key re dealing with a property after the owner has passed away is probate. Once obtained the executor(s) then deal with the property
https://help.landregistry.gov.uk/app/contactus_bereavement?utm_medium=GOV.UK&utm_source=govuk&utm_campaign=death_contact_page_to_guide&utm_content=web_page_
Comment by Craig posted on
Thank you Adam for the link - We have gone through probate, I am the executor - with regards to me filling in the TR1 form, when exactly would I do that? would that be when my brother officially owns the property, If I fill it in now and his mortgage falls through where would that leave me?
Do I complete the TRI and AP1?
Thank you
Comment by AdamH posted on
Craig - he won’t officially own the property until it is legally transferred, namely when the form TR1 is completed in full and registered.
Form AP1 is the form needed to apply to register the Transfer and update the register. So you need both.
If you are uncertain of what’s going to happen and how to make it happen I’d recommend you get legal advice to discuss the options and which is best in any given scenario
Comment by Julie Sheard posted on
I am in a rare position and may be forced to do my own conveyancing if a solution cannot be found. I have just sold a house in France and because all fees for the Notaire, (who is a cross between a solicitor and a Justice of the Peace and handles property sales and purchases), are paid by the buyer, when I sold all I got was an Attestation (trans. Certificate), and so have no document showing what price I got for my house. However, the money from the buyer goes to the Notaire and then to the currency exchange company who do their own anti money laundering checks, and thence to my bank in England. My solicitor is DEMANDING legal proof of how much I got even though the trail of money is utterly transparent. I have asked the Notaire for a short email but got a copy of the Attestation again. Still the solicitor doesn't believe me even though he has had bank statements from me from my French and English accounts. I am now in the position where I can no longer prove my identity as my passport has expired(I am a British Citizen). I am basically homeless. I wish to God I had done my own conveyancing and if I ever do move again I certainly will.
The solicitor is supposed to take into consideration the person when demanding checks and as a 65 yr old widow with limited funds I am suprised by this solicitor's paranoia. Does he think that the french estate agent, the Notaire, me, my buyers and the foreign currency exchange company who are regulated by the FSA, are all in league in some money laundering terrorist cell? What an idiot is all I can say.
Comment by Arlene posted on
I am selling a council flat I own back to the council. The flat is in a block of four, the property is leasehold, the council being the leaseholders. I am thinking of doing all the paperwork etc myself without employing a solicitor as I think it should be straightforward. I am aware of the land registry forms I need to complete being ID3, AP1 and TR1. My only concern is who draws up the actual contract for the sale and also the exchange of funds. Can you advise if this us all possible ???
Comment by AdamH posted on
Arlene - we don’t deal with contracts or transfer of funds so I’d suggest having a chat with the Council’s legal team as to what they are able to do with you.
There can be issues around transfers of monies where a solicitor/lender are involved due to money laundering regulations but very much one to get the Council’s or wider advice on
Comment by Arlene kowalik posted on
Thank you. I have just had my ID3 forms back from my doctor who verified our passports. He took forms home to add his passport details etc. However I notice that he has put his practice address and not his personal address on the form......can you advise if this is acceptable or does it have to be his personal address ???
Comment by AdamH posted on
Arienne - the form asks for an address so providing they have provided a valid postal address it should not be an issue
Comment by kindi posted on
hi i had a deed of trust as i owed someone money to register this with land registry a solicitor charged £800 this was a mutual consent charge we have now come to an agreement with the person whom i owed money to i gave him some land abroad and with mutual consent we need this charge removed i have seen various documents on line that can be filled in any help as i cant afford to pay that amount. please any help welcome on which form i need to fill in and send to land registry to remove this charge
Comment by AdamH posted on
Kindi - if it’s a registered legal charge then our Practice Guide 31 explains how it may be discharged/released using forms DS1, DS2 and ID1
If it’s a Notice or Restriction then our Practice Guide 19 explains how these might be withdrawn or cancelled
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Jude Davis posted on
If I buy my right to Buy Council Property can my sister fund it. She wants to put a Declaration of Trust on the property after I have purchased it to say she owns 100% beneficial equity in the property and I have to comply to her conditions in the DoT. Is this legal. I can claim 47% discount on my property but she says she will be entitled to this. She wants all proceeds of sale if I die or leave the property. Not sure whether to get involved, it seems to risky and wonder if it goes against Council Right to Buy conditions.
Comment by AdamH posted on
Jude - not something we can advise you on, sorry. It’s legal advice you really need here from someone who deals with trusts and/or RTB
Comment by Judy Davis posted on
Thank you Adam appreciated
Comment by Philip Rose posted on
Hi,
I bought a property in July 2020 however, when we received the property register of title it still includes the previous owner's lender under the charges section in addition to ours.
I have raised this with our conveyancer who is being incredibly slow to rectify the issue and I don't have confidence in them actually sorting it.
Is it possible for me to rectify this myself? Any help or advice is gratefully received.
Philip
Comment by AdamH posted on
Philip - it’s only the solicitor and the named lender who can resolve it for you.
The charge will have been left on as the solicitor indicated that the discharge (evidence of redemption) was to follow. Invariably that happens within 3/4 weeks of completion but can sometimes be delayed. Only the solicitor for the seller or the lender would know why.
It should not be a major issue if the delay is down to impact of Covid and that should right itself
The key Q for your own solicitor is over the redemption being possible so it’s that reassurance you need here
Comment by Philip Rose posted on
Many thanks for the very prompt reply Adam. Much appreciated.
Comment by Sarah posted on
Hi Adam,
We need a restriction removed from our property; it basically says we can't raise a charge on it without my in-laws permission. We have successfully applied for a small secured loan to finish off an extension but the lenders want the restriction removed. Mum and Dad in law in full agreement to the restriction being lifted. Can we fill out the RX4 form ourselves and accompany it with a letter from the in-laws or does it have to come from a Solicitor? Original Solicitors want £1500 to do this for us which seems ridiculous! Thanks for your help 🙂 Sarah
Comment by AdamH posted on
Sarah - you don’t have to use a solicitor although they are familiar with the forms and process
See Practice Guide 19 section 3 for guidance. I’m guessing you’ve already checked as you refer to the form RX4 they’d use
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register
Comment by Sarah posted on
Thanks Adam, I rung today to check and spoke to an absolutely wonderful gentleman who couldn't have been more helpful and he confirmed for me. Top service, thanks so much! 🙂
Comment by Dan posted on
Hi there
I am about to covert my privately owned buy to let property to a new company owned by myself. The property is mortgaged currently which would be fully redeemed and a new company buy to let mortgage from a different bank would be obtained.
I will be hiring a conveyancer for the purchase as the lender would ask for it and there is too much paperwork involved. But I am considering to do the selling side without the conveyancer services as it is a straightforward sale to my own company. Is this a good idea in current times. Also based on comments above, shall I confirm with the purchasing conveyancer in advance that they will not have any issue in dealing with myself direct without another conveyancer being involved.
Thanks.
Comment by AdamH posted on
Dan - this is a blog rather than a forum so very unlikely anyone will offer a view as to a good idea or not I’m afraid. As far as checking with the purchasing solicitir goes then definitely check as they/the buyer’s lender may be unwilling or unable to deal with you direct
Comment by Dan posted on
Thanks Adam for a quick response. Much appreciated.
Would be interested in knowing other people experience in similar situations.
Regards,
Dan
Comment by AdamH posted on
Dan - suggest you try forums such as Money Saving Expert for those wider views
Comment by Dan posted on
Thanks Adam. Will do.
Regards,
Dan
Comment by Liz Walters posted on
I am about to buy a flat in a block for £87k. Im a first time buyer and paying cash. Its taken me a lifetime to save what I have, so would like to do the conveyancing and checks for myself - is there a website with a checklist for DIY'ers like myself ? I can put the time in as Im out of work!
Comment by AdamH posted on
Liz - not that I’m aware of but there are books a few have written on the subject so your local library, if open, might help. Otherwise searching the internet, which I’m sure you have already, may help
Comment by AdamH posted on
We welcome your comments about this blog in the comments panel below
However, please note that we are unable to discuss individual cases through the comments section and would request that all such queries be directed to our contact web form where you will receive a response as soon as possible.
https://help.landregistry.gov.uk/app/contactus_general
Comments which are relevant to individual cases will not be published or replied to
Comment by Adam Hewitt posted on
Good Afternoon, I wish to purchase my neighbours half of my shed that is landlocked on my property and extinguish the easement for her to pass over my land to the shed. The value is less than £6000 and I guess I just use tp1 and ap1 to transfer the title but can I easily extinguish that easement off her title then? I can provide evidence of value less than £6000 by estate agent and neighbour is not mortgaged. We are both keen not to use a solicitor if not necessary. Many thanks in advance.
Comment by AdamH posted on
Adam - correct re AP1 and TP1. As to the extinguishment/release of an easement please see our PG 62 sections 11 and 12. https://www.gov.uk/government/publications/easements
I’m afraid we can’t offer any wider guidance and whilst I understand the reluctance to use a solicitor I would always recommend you do to ensure the legal requirements are fully met.
Comment by Derren posted on
Hello. I’d appreciate some information/advice, please.
I’m trying to buy a house but hit a big snag. The garden borders on the land registry plan shows an area of the garden doesn’t correspond with the current borders (fence and a wall) on one side. The land registry plan shows an area of the next door garden encroaching further into this garden than how it appears and is arranged with the current fence and therefore different to what I have been led to believe I’m buying and advertised by the estate agent and confirmed by the current owner.
When I first saw the land registry plan and the different shape to the garden I questioned it and was told by the owner that the land registry plan is incorrect. She also said it is different on a diagram of the property on an old conveyancing report from 1971, which appears to show the garden as it is currently. I have started to have doubts about her old conveyancing diagram.
I stated 7 weeks ago that this needs to be rectified before signing contracts, etc. and was under the impression it was being done. My solicitor told me he emailed the owners solicitor to advise them of this. However, the owner has not had this altered/corrected and after 6-7 weeks of no news has since offered an indemnity policy against future loss, which I have chosen not to accept.
The estate agent is now threatening that the owner will pull out if I don’t accept this route, although I was clear all along I wanted to plan rectified to match the garden as it appears in reality. They now state the nature of the delay in getting this problem rectified now would take too long for the owner’s liking. I do have my doubts over the truth of this and suspect they are actually aware that this piece of land doesn’t actually belong to the house.
So, a couple of questions:
Is this likely to be an error (as I was told by the owner) by land registry regarding an incorrect plan?
Can the current (or future) owner of the property next door claim this land and move the physical boundaries to represent the land registry plan, therefore significantly changing the garden?
If I accepted the indemnity policy option and wanted to build an extension later (the piece of “contested” land is where the extension would be built), would I be refused planning permission as, according to the land registry plan, the land may not belong to me?
I’ve been told that to rectify this situation is a complex legal process, not a simple fix, as I was told by the estate agent and current owner. Is that the case?
Should my solicitor have known this wasn’t straightforward? And, if so, advised me of it when the situation first arose? Likewise, should the owner’s solicitor know about this situation and inform me via my solicitor? The current owner has lived there since 2013.
Finally, shouldn’t somebody tell the owner of the house next door that they own this piece of land in case they don’t already know?
Thanks.
Comment by AdamH posted on
Derren - a lot of Qs and I’m afraid the answer to them all is possibly.
The title plan will show the general boundaries for that title. It won’t show you next door’s for example.
You did the right thing in telling your solicitor the reality on the ground didn't match the title plan. From there it needs sorting either by amending the title plan, claiming the extra land which is presumably registered to next door and/or taking out an indemnity insurance so, if the neighbour reclaimed their land back you were at least covered.
The definitive Answers have to come from your own solicitor. If you have a mortgage then the lender will have a say too.
Comment by Derren posted on
Thanks for replying, Adam. In what way am I covered by an indemnity insurance if the neighbour claimed the land back? I’m assuming I t doesn’t prevent them from taking the land does it? Surely, if they claim the land I lose part of the garden. A financial award from an insurance company is poor consolation to losing the land right outside your back door I reckon.
Plus, morally, if there is a strong possibility that this piece of land belongs to next door, and we, meaning me, my solicitor, the owner and their solicitor, are all aware of that surely it’s not the right thing to do without somebody speaking to the owner of next door first.
Then the practicalities of going ahead with an indemnity policy when you suspect the land isn’t part of the property on sale.
Can you tell me a little more about amending the title plan and claiming the extra land, please?
I’m disappointed in my solicitor here as I would imagine somebody employed to do that sort of work would know this and ought to tell their client, me in this case.
Thanks.
Comment by AdamH posted on
Derren - you’d need to read and understand the policy. I assume the main point would be if you lost the land, so you lost some of the property value, then the policy would cove4 that loss. But ask your solicitor.
Speaking to the owner will probably invalidate any policy as you change the risk markedly.
See Practice Guide 4. https://www.gov.uk/government/publications/adverse-possession-of-registered-land
Comment by Derren posted on
Thanks, Adam.
Yes, I’ve already been told speaking to anybody about the policy would invalidate it. As far as I can understand the policy covers exactly what you assume. The unfortunate part is that’s the land in question runs right along the back of the house approx a metre from the back door and kitchen window, so financial reimbursement to cover any loss of value in a sale doesn’t rally cover the main problem as I see it i.e. not owning the piece of the garden directly outside the back door. I assume that would rule out the building of an extension or conservatory across that piece of land.
Thanks for including the link, I’ve starting reading it and seems to explain the type of process that I would prefer to happen before I sign the contract to buy the house. That’s where the problem lies; the owner says the process will take longer than they are prepared to wait. Unfortunately, for reasons known to them they have waited almost 8 weeks to tell me this.
This is my first attempted house purchase. It opens your eyes if nothing else. It’s looking potentially like an expensive lesson, though as if the deal falls though I’ll be empty handed and regretting all the fees I’ve paid so far, unless there is a way I can claim any of the money I’ve spent back. Perhaps there’s another lesson in that.
I appreciate your input and suggestions.
Thanks again.
Comment by S Enver posted on
Hi
I would like to add my name to the title deeds of the property both my husband and I share. He is gifting the property so there will be no stamp duty. There is a mortgage and the provider has given consent to the adding of my name to the property. The mortgage providers are content to consent without the need for my name to be added to the mortgage. My query is, is there a form for the mortgage providers to complete, or is a letter from them confirming their consent sufficient to attach to the TR1/AP1 form? We would like to deal with this matter without solicitors.
Comment by AdamH posted on
S Enver - there’s no form so the key is what’s on the register. If there’s a restriction in favour of the lender then you’ll need their written consent
Comment by Seref Enver posted on
Thank you for your quick response.
Comment by Greg C. posted on
I welcome this opportunity to seek clarification of some points concerning SDLT:
1. Does HMRC need to see the TR1 when I submit to them form SDLT1 ?
2. Do I need to submit an SDLT to HMRC anyway, where the consideration is only £115,000 ?
3. If I do need to submit SDLT1, do I need to wait for HMRC to send me the SDLT5 before submitting my AP1 or can I send it in afterwards ?
Many thanks
Comment by AdamH posted on
Greg C - very much Qs for HMRC rather than us HMLR
Comment by Greg C. posted on
Fair enough Adam but surely you can help with 3 : Is it permissible to send you Ap1 to preserve priority with SDLT5 to follow as soon as it is received from HMRC ?
Comment by AdamH posted on
Greg C - you preserve priority with your OS1 before completing. Any SDLT comes next and is generally done online and quickly and prior to submission to us. If you lodge without it we’ll ask for it when the application is considered
Comment by Greg C. posted on
Adam, thanks for your reply. Where no conveyancer acting, HMRC will not allow SDLT submission online . An unrepresented buyer must submit a paper SDLT by post. What I meant by preserving my priority was submitting Ap1 before the priority period afforded by the OS1 expires, which if I wait for HMRC5 could well occur.
Comment by Seref Enver posted on
Hi
Could you confirm that the forms I need to complete a transfer of equity, with a mortgage, are the following:
1. An official copy of the title deeds
2. TR1 and AP1
3. ID1 for myself and my husband (independently witnessed)
4. Letter of consent from the mortgage lenders who do not require the mortgage product to be changed
There is no stamp duty as the transfer is by way of a gift.
Thank you
Comment by AdamH posted on
Seref - they appear to be what’s required. We don’t need the official copies though
Comment by Seref Enver posted on
Adam Thank you.
Comment by Rks posted on
Hello, can anyone give me some guidance on certain sections of the Ap1 form please, No mortgage involved, require to remove sisters name of registry, thanks
Comment by AdamH posted on
Rks - our online guidance takes you through the form panel by panel
https://www.gov.uk/government/publications/change-the-register-ap1/guidance-completing-form-ap1
This is a blog and not a forum so you won’t get others replying I’m afraid
Comment by Kathy posted on
Hi
I’m in the process of selling my house and have found a buyer.
The title deeds don’t show my brick outhouse and I have checked my neighbours deeds too. The outhouse doesn’t seem to be registered.
I have used this as I believed it belonged to me for over 10 years with no problems from my neighbours. It’s a terraced house.
With the shed being on the shared gardens.
Each house has a shed.
Could you tell me
1- How can I find correct owner / Title.
2- Could I transfer this to my deeds .
3- Would I need neighbours permission to do so ?
Any advice would help.
Many Thanks.
Comment by AdamH posted on
Kathy - if you want/need to find the legal owner then you’d need to track back re who owned the land and sold the properties to see if they have the deeds to prove they still own it. That’s probably not the way to go though unless you think they deliberately kept it and are now willing to transfer it.
You can’t transfer it as you don’t own it. If you’ve used it for a length of time then the more appropriate way to go would be to claim it. That would negate the idea of searching for a legal owner though. https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land
If you claimed it and we accepted the evidence then we would contact the neighbours to see if they consented/objected
As you are selling speak to your conveyancer as to what your legal options are and the best way forward
Comment by David Towers posted on
hi my wife and i own three properties that are linked together one is a shop with a flat above and the house which is our residence .we bought the shop and flat years ago for cash we then bought the house on a mortgage but since i am trying to get an equity on the house i have found out the bank that loaned the mortgage have put all three properties on the same register and i now have to split our house from the rest as a separate freehold the problem i find is finding a solicitor as most dont do this conveyance and others are not taking on new clients because of the covid.i need this doing asap i need advise as to whether i can do this myself or do i need a solicitor if so could you reccomend one thanks david
Comment by AdamH posted on
David - whilst you don’t have to use a solicitor we’d always recommend you do and if there’s a mortgage/lender involved they’ll often insist you do.
If you have to split the title to get a new mortgage then you can apply using form AP1 and supply a copy of the lender’s confirmation that it needs to be split. Registration fee £40.
We’d also need a suitable plan to define the split - see our Practice Guide and Transfers of part for guidance on the plan
https://www.gov.uk/government/publications/change-the-register-ap1
https://www.gov.uk/government/publications/preparing-plans-for-land-registry-applications
Comment by Jonathan Ward posted on
I have agreed to buy a section of garden land from my neighbour, we have agreed on £7000 for the land. My neighbour is confident that he can sort the transfer of ownership himself. I have contacted a solicitor and they do not seem keen on dealing with him as he hasn't appointed his own solicitor. What forms would need to be completed by him to transfer the land to me and would there be any forms for me to fill in? Mine and my neighbours land is all registers and we have both purched the properties within the last 2 to 3 years.
Comment by AdamH posted on
Jonathan - start with looking at our online guidance re transfer (of part)
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by christopher brearley posted on
I own 2 garage units and want to add my wifes name on the land registry as part owner,
What forms do I need, ?????
Also I purchased my home in 1986 and always thought it had been registered but could not find it on the land registry, until I looked at my paperwork which gave a number reference and their it was on the land registry but with a wrong postcode how do I change this and what forms needed.
Comment by AdamH posted on
Christopher - see https://www.gov.uk/registering-land-or-property-with-land-registry
And specifically the sections on how to transfer and then how to update a register
Comment by christopher brearley posted on
I have read these numerous times but just need a clear in simple terms what I need, do I need a ID1 do I need a solicitor
Comment by AdamH posted on
Christopher - you don’t have to use a solicitor but I’d always recommend that you do as they will understand the forms/process.
You will need forms AP1, TR1 and ID1s for each of you to transfer. You’ll only need a form AP1 to update a post code
Comment by christopher brearley posted on
It states you need a conveyancer or another official to verify identity
so that seems like I will need someone in authority that will charge a fee to tell me who I am
Comment by AdamH posted on
Christopher - either ID1/conveyancer or ID3 (temporary option) and some other professional
https://www.gov.uk/government/publications/temporary-changes-to-hm-land-registrys-evidence-of-identity-requirements-pg67a
And whilst I appreciate the comment the verification is required so that we have confirmation from someone else that you are who you state you are. That requirement is there to help try and protect you and us against property fraud.
Comment by christopher brearley posted on
But it states that I need a solicitor or cenveyancer to verify my identity
Comment by AdamH posted on
Christopher - the temporary guidance offer alternatives
Comment by Micah Leitch posted on
My wife and I jointly own a house outright, no mortgage, that our daughter is living in as our tenant, that we wish to gift to our daughter. Our solicitor says that we need to do a sale and purchase. Can we ourselves just use forms TR1 and AP1 to do the conveyancing and complete the transfer? There is no stamp duty though there will be capital gains to pay.
Comment by AdamH posted on
Micah - you don’t have to use a solicitor but we always recommend you do as they are familiar with the forms/process, can verify your identities and offer wider legal advice
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
Comment by christopher brearley posted on
My problem is I have cancer and are putting my affairs in order should I pass away, I am not fit to run around getting these details and am not allowed visitors, surely a call by video from land registry who have a copy of my passport which is verified by the passport office would be sufficient, but before the answer is we are busy, so am I and you possibly have more time left than me
Comment by AdamH posted on
Christopher - I am sorry to read of you health issues but the video call needs to take place with those listed, so no running around. It’s not an issue of being busy at our end.
If you feel that you can’t comply with the requirements then I’d suggest using our Contact form to explain and suggest an alternative as appropriate
https://help.landregistry.gov.uk/app/contactus_general
That way there’s a formal record of your contact which can be used as a record for any future application also
Comment by christopher brearley posted on
yes if the video call takes place with those listed I think That is my wife and myself. If I understand you correctly, as I own the property and adding my wife as a joint owner.
Also my home which was in 1986 registered with a incorrect postcode
needs changing and my wife adding to the ownership with myself.
Or do you mean that whoever verifies my identity has a video call with your office ?? I am totally confused.
Comment by AdamH posted on
Christopher - that is correct. You have the video call with the verifier. Not with HMLR.
If the post code is for the same property then you can add that as part of the application to update the register re your transfer
Comment by christopher brearley posted on
WYK665687 is registered to me and I just want to add my wife, you have our marriage cert SF489503
WYK369461 is also owned by me, I want to add my wife, on this also you have a wrong postcode, it should be as BD19 6PQ not 6LP
As you have my name as owner of both properties and a copy of my passport and my wifes passport what is the problem, I am not applying in the name of a spurious character who is not mentioned as the owner.
Also I have a passport notarised by the British consulatein the USA, also notarised last year by a British notary will this suffice as they both know me ??? or do you prefer some stranger to verify this ?????
Comment by AdamH posted on
Christopher - we do appreciate how difficult it can be for people to have their identities verified. As I mentioned previously if you can’t comply with the requirements then please use our Contact form to explain, offer an alternative which relies on someone in a position of some standing who can check your passport for example and verify your identity.