house registration

debdebs1

My parents bought their house in the 1970's so it hasn't been registered with the land registry. The mortgage was paid off more than 20 years ago. They were were "joint tenants" but severed the tenancy by mutual consent, each leaving their half of the house in a "trust will" to me. My father passed away last year, triggering, I believe, a compulsory registration. I was appointed executor and have almost finished my duties, with just the house to sort out. I promised my dad that I would take care of everything myself. What I'm not clear about is whether I need to use a conveyancer - I would rather not unless necessary. There is no money changing hands it's just a matter of getting the house registered. I have forms FR1 and TR1, which aren't exactly user friendly. I'm also not sure how I stand registering the house in mine and my mum's joint names. Has anyone else been in this situation that can advise?

tealady

Hi
There is a very helpful Land Registry rep who posts on her, hope they can help. Otherwise try giving them a ring.

G_M

tealady wrote: »

Hi
There is a very helpful Land Registry rep who posts on her, hope they can help. Otherwise try giving them a ring.

Actually I think there are different Reps each week, but all using the same log-in account.

But they're all very helpful!

da_rule

You'd need forms FR1 (for first registration), AS1 (as the transfer is a result of an 'assent' - a transfer resulting from death), AP1 (standard form that has to accompany most applications to the Land Registry) a certified copy or original of the grant of probate the deeds for the property. There will also be a fee based on the value of the property.

It is possible to do it yourself if you're happy/comfortable with the forms and understanding what's in the deeds. It may be better for piece of mind to use a conveyancer (at least if they mess it up you're covered by their insurance).

G_M

Bear in mind a 1st registration is inevitably more complex than a transfer or assent of an already registered property. Much will depend on the completeness and complexity of the paper deeds and plans.

Land_Registry

OP - if the property was unregistered then the transfer from Mum's sole ownership to the two of you will trigger the need to register. as you rightly state.

Our guidance on first registration and PG1 explains what is required from a general registration perspective.

As their ownership was a joint one your Mother will need to transfer the whole ownership to the two of you if you are both to be registered. As the property is unregistered there is no prescribed form but most would look to use one as easier than drawing up your own legal deed.

An Assent (AS1) is used where an executor is transferring ownership to a beneficiary. That is not the case it seems here as your Mother is a surviving joint owner, so our advice would be to use form TR1 along with forms FR1/DL1 as the first registration guidance explains. An official copy of your late Father's death certificate would also need to be submitted.

We always recommend that you read the guidance before deciding if it is something you wish to do yourselves. Whilst it can be straightforward a conveyancer is familiar with the forms, processes and terminolgy so can help remove any uncertainty. They will also be familiar with things outside of our remit such as wills, the tenants in common aspect and discussions around what happens re the property in the future in any given circumstance.