Land Registry Forms
Land Registry forms have to be completed at various stages and they involve many different areas including family law and conveyancing.
One of the most frequently used land registry forms is the TR1 and in this guide we will explain what it is and how it is used.
Form TR1 is not suitable if you wish to transfer a portion of a registered title. In this instance, form TP1 must be used.
Considerations before completing TR1
Before you complete any land registry forms, there are a number of considerations that you should make. The first is whether the land that you hope to acquire has been registered. You should find out about the registration of land because it will make a significant difference to the supporting information that you will need to submit along with land registry forms.
If you have not found out whether the land is registered through routine enquiries, there are a number of tools that you can use including the government search facility or you can complete an index map search. To obtain the results from this search you will need to complete the SIM form and return it to the Land Registry.
Once you have determined whether the land is registered it is advisable to download the register relating to the land or to complete form OC1 to request a copy of the official register.
Viewing a copy of the register is very important so you are aware of any conditions attached to the land or other conditions such as;
Notices or Cautions – You may need to apply for these notices to be removed before you wish to complete the transfer
Restrictions – Entries requiring the consent of an individual before the property can be dealt with
Mortgaged – If the land is mortgaged you will usually need to obtain the lenders consent before it can be transferred
If the loan is being paid off in full, you will need to obtain evidence that the mortgage has been discharged and the charge removed from the register.
The above are just a selection of the entries which can appear on the official register, there are many other unforeseen conditions or terms attached to land or property.
Additional Land Registry Forms
Alongside TP1 there are a number of other forms that you will need to complete depending on individual circumstances such as;
AP1 – To be completed for registered land
FR1 – If the application is being made for the very first transfer of the land
ID1 or ID2 – To prove identity. Form ID1 is for an individual and form ID2 for a business. In section 7 of AP1 each person listed here must complete an ID1 if the form is not being submitted by a conveyancing solicitor. If the transferors do not have a solicitor, they also need to complete the form.
Once the forms are complete they must be taken to an information centre or conveyance to be carefully reviewed. Any transfer in excess of £40,000 must be logged with the HMRC through the completion of the SDLT1 land transaction return form and in return they will issue a Return Certificate which must be sent to the Land Registry when the transfer of land takes place.
Completing Form TR1
The land registry form is divided up into twelve sections or panels and each section must be completed carefully and accurately. Before attempting to complete the form it is recommended that you have a copy of the official register available which will help.
Panel 1 Title Numbers
On the top of the first page of the official copy of the register, there will be a title number. This should be entered into the first section. If the land is not registered do not fill in this section.
Panel 2 The Property
Provide a clear and concise description of the land that you wish to transfer including the postcode. If the land is registered this information will be detailed at the beginning of the Property Register and is usually the full postal address of the property.
Panel 3 Date
After the transfer has been executed, enter the date of completion.
Panel 4 The Transferor(s)
In this section, the full names of the individual(s) who will be transferring the land. This is usually the name of the registered owners listed on the land register or someone who can provide proof that they can act on their behalf such as the Executor. If one of the joint owners of the land is deceased, the death certificate or grant of probate will need to be supplied. If the transferor is an organisation, additional information will need to be provided.
Panel 5 The Transferee(s)
This will be the people who the land is being transferred to (the buyer). A maximum of four people can be included in this section. Do not include titles such as Mr or Mrs.
Panel 6 Address
All transferee(s) must supply a valid postal address in the UK or abroad for correspondence. Ensure that you include the full postcode or overseas address. You can provide another two addresses which can be either postal, email or box numbers.
Panel 7 Transfer
This section must not be amended as it is a uniform statement which applies to every case
Panel 8 Consideration
Write in here the amount that is being paid for the transferred land.
Panel 9 Title Guarantee
When providing guarantees over property/land the transferor(s) will make certain binding promises about their title to the land. The guarantees place obligations on the owner, even after the transfer is complete. This is a complex are of law and if you have any concerns you should seek advice from a solicitor. The two main titles include;
Full Title Guarantee – This means that the transferor(s) will guarantee that to the best of their knowledge, there are no financial charges such as a mortgage or other third party interest in the land other than those which have already been disclosed.
Limited Title Guarantee – A more restricted set of promises which guarantees that the transferor(s) have not created or allowed any charge or third party interest over the land which exists up to the date of transfer
Panel 10 Declaration of Trust
If there is more than one transferee, this section should be completed. Joint ownership of land is a complex area and is one which can and has lead to many disputes when the owner dies or if a relationship comes to an end. When a property is purchased in joint names, form JO can be completed which may help to avoid any disputes if they arose later on.
If there are multiple transferees joint owners will automatically hold the property on a trust of land. Joint owners can hold their interest in the land as either a tenant in common or joint tenants.
For beneficial joint tenants, they do not own any shares in the property. If one of the owners dies, their interests will automatically pass on to the surviving joint tenant even if they have made a will leaving the property to another person.
Unless it is clearly stated when the land is acquired, that the joint transferees would like to hold the beneficial interest in trust for themselves alone, the Land Registry has an obligation to enter a restriction on the register. This means that a sale or mortgage cannot be registered unless there are two proprietors as trustees to receive the mortgage money or sale proceeds.
This will mean that the last survivor of tenants in common cannot sell the property without proving that the trust has reached a natural end or appointing a new trustee to jointly own the property.
This section can be very confusing or complicated which is why it is always advised to seek advice from a solicitor with specialist knowledge of completing these forms.
Panel 11 Additional Provisions
When agreements are made between transferor(s) and transferee(s) or covenants these should be included in this section.
Panel 12 Execution
This section is where the document becomes legally binding through the execution (signature) of the transfer deed.
If the witness is not a solicitor, they should be independent but someone who knows you very well and could confirm that you did sign the deed if required. The same person can witness multiple signatures but their full details must be provided underneath each signature.
TR1 is just one of many land registry forms but it is important that a form as important is this is completed under the guidance of a conveyancing solicitor to ensure that the document is error free and accurate and any transfer of land is in the best interests of all parties.
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