TR1 form for transferring share of freehold

monthen

Hello all

I have looked through the board and can't find any posts which directly answer this question - apologies if I have missed something.

I live on the ground floor of a 2 floor maisonette, and the top floor has recently been sold, following the death of our neighbour. We recently received an email from the lawyers for her estate asking us to complete a TR1 form, and to send certified copies of our identification. They are hassling us to do this very quickly.

Am I being unreasonable to ask them to pay for the certification (£8.50 each at the post office) and postage? They have been very unhelpful to us while the upstairs level was empty.

Also, I am a bit concerned about what I am signing - is it worth getting legal advice, or am I being a bit neurotic?

Many thanks!

Andy

Land_Registry

Andy - as you are aware both you and the upstairs owners own the freehold to the whole property. As such when one of you sells your maisonette the freehold also has to be transferred to the remaining owner plus any new ones.

This could have happened for example when you bought and should happen again in the future with each sale. It is something that can be overlooked when selling unfortunately and can cause many problems later on if not completed at the time.

We would always recommend legal advice especially if you are unsure as to what the form's contents mean or what impact it may have.

Certifying documents as true copies does not always mean that you need to use the Post Office or a 'professional' to do this - have you checked with the solicitor as to what their requirements are on that aspect?

loubel

monthen wrote: »

Also, I am a bit concerned about what I am signing - is it worth getting legal advice, or am I being a bit neurotic?

If you are unsure about the Transfer Deed then you should get independent legal advice on it before signing. As forfor who should pay the costs involved, this would usually be covered by the Declaration of Trust setting out the terms of your joint ownership of the Freehold. If you haven't got one then I would recommend you seriously consider it now to help avoid problems in the future.

monthen

Land_Registry_representative wrote: »

Andy - as you are aware both you and the upstairs owners own the freehold to the whole property. As such when one of you sells your maisonette the freehold also has to be transferred to the remaining owner plus any new ones.

This could have happened for example when you bought and should happen again in the future with each sale. It is something that can be overlooked when selling unfortunately and can cause many problems later on if not completed at the time.

We would always recommend legal advice especially if you are unsure as to what the form's contents mean or what impact it may have.

Certifying documents as true copies does not always mean that you need to use the Post Office or a 'professional' to do this - have you checked with the solicitor as to what their requirements are on that aspect?

Thanks for that. The seller's solicitors have specifically asked for certified copies, and recommended the post office for doing so. That makes me think I should be entitled to ask them to pay for it.

loubel, there is a previous Declaration of Trust, which I have read in part, but I don't know if that automatically applies to the new co-freeholder. I'll need to check that out.

Is there an obvious place I can go to do so, or will it simply require the expensive services of a lawyer?

Thanks