Updates to Land Registry records

SmlSave

I think that's a solicitor or a land registry question hun as I believe you can't change the title without the consent of the other owner.

I have no idea honestly.

jfh7gwa

No worries - perhaps the Land Registry official poster will know.

I'm pretty sure that, even though the probate process is being handled properly (and logged) and we definitely will inherit 50% of the property between us, the third (existing) owner will not or cannot complete ID1. Should make things interesting for us, eh!

G_M

SmlSave wrote: »

It's ok hun, just sign its time for a cuppa and slice of cake.....

Feeling better now thanks.

Think this thread can go to bed till Monday when hopefully LR Rep will appear.

Land_Registry

The weekend is officially over so here goes ........

Property A - if you are planning to sell then the buyer may be happy to accept death certificate for late husband and probate for Lilly. Both provide the order of events and your authority, via probate, to deal with the property

If not happy then the executor can transfer the property using form AS1 plus AP1 as the application form. The identity of anyone other than the named executor would then be required plus a copy of the aforementioned death certificate. No need to submit form DJP separately or as part of the AS1 application as the death certificate is sufficient.

An official copy of Lilly's marriage certificate should also be submitted to cover off her change of name. No letter required as details confirmed in certificate.

Property B - the tenants in common aspect comes into play here so any actual transfer of ownership has to be done by the surviving owner i.e. he/she transfers to he/she plus the beneficiaries

So TR1 would be the correct form (TP1 is for transferring part of a title as in part of the garden and does not relate to % shares).
We would only need evidence of Lilly's death so death certificate or probate here as the transfer is by the surviving owner and not the executor.
Evidence of identity would be needed for all parties in this scenario namely surviving owner and both beneficiaries.

I suspect you mean section 10 here and not 11 as that deals with how the property is to be held. The first and second tick boxes do not apply so if you wanted to add details re who holds what % shares then tick box 3 would be used with wording added as appropriate.

As others have posted such matters are often enshrined in a trust deed rather than in the TR1 but how you approach it is very much up to the parties involved. We always recommend seeking legal/financial advice to understand what options are available and how best to reflect the % shares.
NB - the point re the surviving owner remaining in the property is also relevant as the terms around this should also be considered and this is why a trust deed will often be used.

Extra Qs - Identity verification on Property B Transfer

If someone is not mentally competent then the issue of ID would not arise as the bigger issue is their ability to understand and execute a Transfer. If someone is not mentally capable then there is a legal process where the courts are involved as you would have to prove that the mental capacity has failed and get authority to act on their behalf.

Not on speaking terms - as they need to execute the Transfer this needs to be overcome so again ID issues don't arise. And if in a coma then the same applies re an applicaiton to court etc.

So the key issue is completion of the Transfer - get that sorted and then consider the ID issues. If the surviving owner won't transfer the legal ownership then again it is the legal process you would need to consider and what legal rights/ability you have to force them to do so

jfh7gwa

Thank you, Land Registry representative!

Can I just confirm that

1. for Property B (since you've not mentioned form AP1), it would just be TR1 plus the three ID1 forms that are required for the submission to change? i.e. No need for an AP1?

2. And that the £40 fee is the relevant fee item?
Context: Having re-looked at the fee structure, under "Transfer of registered land - NOT for value" it suggests that the fee is "various" - so might the probate process prompt a different fee i.e. not £40? And if so, how could I find out what fee it needs, other than calling? As the more detailed fee advice (here) isn't entirely clear e.g. if section 4a applies because it's an inheritance where no money is exchanged.

3. I also can't figure out who to make the cheque payable to when I do know the fee The site talks about electronic payment but so far that appears to be e-submissions by businesses, not private individuals, so happy to go down the old fashioned/slow cheque route, once I know who the payee is...

The issues around an unwilling/incapable part-owner will have to wait and progressed via the legal routes mentioned; I'm hoping it won't come to that though.

jfh7gwa

Strike question 2 and 3 above, I've found this PDF which helped:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409737/REGSERVFees_2_2015.pdf

To future readers who have the same question:
(Under Additional Information)
Payment of fees
You can pay for services and substantive applications by a variable direct debit account, cheque or postal order, made payable to ‘Land Registry’. Visitors to the Customer Information Centre may also pay by credit/debit card or cash.


"Assess the fee on the value of the estate, less the amount outstanding on any continuing registered charge. Where a transfer not for value gives effect to the transfer of a share in a registered estate, the fee is payable on the value of that share."

And since the property B is worth £120k (we had an estate agent value it), it seems like £40 would be the correct fee after all. (Scale 2, postal applications, total value of transfer is 60k.)

Land_Registry

AP1 is needed for every application so you will need one for Property B - apologies as did not repeat that aspect for you

Note - as a citizen customer you would pay by cheque/postal order if submitting by post. Credit/Debit card and cash payments are acceptable at our offices. VDD is only available to professional customers

jfh7gwa

Perfect, thanks. Hopefully this will help future newbies navigate the process. Thanks again! (all)