Land Registry questions

biscan25

@Land_Registry I have a question regarding TR1. I am transferring my share of a property by way of gift of which I am joint tenant, to the remaining 3 joint tenants. Do I need to put all 4 names in the transferor box 4, or just mine? Many thanks
Anthony

Land_Registry

biscan25 said:

@Land_Registry I have a question regarding TR1. I am transferring my share of a property by way of gift of which I am joint tenant, to the remaining 3 joint tenants. Do I need to put all 4 names in the transferor box 4, or just mine? Many thanks
Anthony

All 4 - you can only transfer the whole of the legal ownership. So if there are 4 registered owners then all 4 transfer to just the 3 

[Deleted User]

I am buying a house. The owner is in a care home. The property is being sold by her daughter. Daughter has financial LPA. 

The LPA refers to the owner with first and second name only. 

Property includes middle name. 

My solicitor has asked them to clarify but could this cause issues registering the transfer ?  

howner_92

Hi Land Registry. I own a house with my ex-partner and I'm currently in the process of having a transfer of equity and remortgage
take place to place the house into my sole ownership. 
There is a anti-fraud restriction on the deed which states that the estate cannot be disposed of unless a certificate is registered by a conveyancer stating they are satisfied the proprietors (myself & ex-partner) disposing of the estate are the same as the registered proprietors. 
The fun begins because the conveyancers registering the remortgage and the one dealing with the transfer of equity both say they cannot engage and provide the certificate, no matter if extra evidence was provided etc (Don't ask its only taken them 5 months to turn around and tell me this). 
Anyway my question is: My understanding is that myself and my ex-partner can submit an RX3 form to apply for the restriction to be removed so that everything can be pushed forward and the transfer and remortgage completed, what evidence would we need to provide to enable this go ahead? Secondly, is this the easiest course of action or would it be easier using an RX4 for the restriction to be withdrawn? Thirdly, upon submitting this application what turnaround times am i looking at for the deed to be updated and be available so that the transfer and remortgage could be completed?
Thanks in advance

Land_Registry

Densol said:

I am buying a house. The owner is in a care home. The property is being sold by her daughter. Daughter has financial LPA. 

The LPA refers to the owner with first and second name only. 

Property includes middle name. 

My solicitor has asked them to clarify but could this cause issues registering the transfer ?  

It could but such things are often dealt with by conveyancers checking, confirming and then certifying that the named part in each is one and the same person. 

But you really need to rely on your conveyancer here as the key issue is does the LPA provide the legal authority for the daughter, as attorney, to sell and execute the a Transfer. That’s a legal issue rather than a registration one 

Land_Registry

howner_92 said:

Hi Land Registry. I own a house with my ex-partner and I'm currently in the process of having a transfer of equity and remortgage
take place to place the house into my sole ownership. 
There is a anti-fraud restriction on the deed which states that the estate cannot be disposed of unless a certificate is registered by a conveyancer stating they are satisfied the proprietors (myself & ex-partner) disposing of the estate are the same as the registered proprietors. 
The fun begins because the conveyancers registering the remortgage and the one dealing with the transfer of equity both say they cannot engage and provide the certificate, no matter if extra evidence was provided etc (Don't ask its only taken them 5 months to turn around and tell me this). 
Anyway my question is: My understanding is that myself and my ex-partner can submit an RX3 form to apply for the restriction to be removed so that everything can be pushed forward and the transfer and remortgage completed, what evidence would we need to provide to enable this go ahead? Secondly, is this the easiest course of action or would it be easier using an RX4 for the restriction to be withdrawn? Thirdly, upon submitting this application what turnaround times am i looking at for the deed to be updated and be available so that the transfer and remortgage could be completed?
Thanks in advance

It is a solution but you’d still need a conveyancer’s certificate to confirm the same th8ng before we’d remove it. 

But in light of the replies the conveyancers have given then an RX4 signed by both of you plus the certificate is probably the quickest way to deal with it. 

Timescales are 4/5 weeks wait time at present before it’s considered so best to submit and then request expedition after 

howner_92

Land_Registry said:

howner_92 said:

Hi Land Registry. I own a house with my ex-partner and I'm currently in the process of having a transfer of equity and remortgage
take place to place the house into my sole ownership. 
There is a anti-fraud restriction on the deed which states that the estate cannot be disposed of unless a certificate is registered by a conveyancer stating they are satisfied the proprietors (myself & ex-partner) disposing of the estate are the same as the registered proprietors. 
The fun begins because the conveyancers registering the remortgage and the one dealing with the transfer of equity both say they cannot engage and provide the certificate, no matter if extra evidence was provided etc (Don't ask its only taken them 5 months to turn around and tell me this). 
Anyway my question is: My understanding is that myself and my ex-partner can submit an RX3 form to apply for the restriction to be removed so that everything can be pushed forward and the transfer and remortgage completed, what evidence would we need to provide to enable this go ahead? Secondly, is this the easiest course of action or would it be easier using an RX4 for the restriction to be withdrawn? Thirdly, upon submitting this application what turnaround times am i looking at for the deed to be updated and be available so that the transfer and remortgage could be completed?
Thanks in advance

It is a solution but you’d still need a conveyancer’s certificate to confirm the same th8ng before we’d remove it. 

But in light of the replies the conveyancers have given then an RX4 signed by both of you plus the certificate is probably the quickest way to deal with it. 

Timescales are 4/5 weeks wait time at present before it’s considered so best to submit and then after 

Thank you for the response. 
The issue is that the conveyancer's won't provide the certificate to support the application for removal as they don't want to take on the liability. There must be a way that I can get this removed through verifying my identify myself? 
If anyone has any advice that would be great.
Thanks

Land_Registry

howner_92 said:

Thank you for the response. 
The issue is that the conveyancer's won't provide the certificate to support the application for removal as they don't want to take on the liability. There must be a way that I can get this removed through verifying my identify myself? 
If anyone has any advice that would be great.
Thanks

You don’t need them to do it. You can use any conveyancer to obtain the certificate needed to support your application to withdraw the restriction 

marg1a

Hi Land Registry can you help please?

I am wanting to buy a part of my neighbour's garden, (he wants to sell) Approximately 20-25 sq mtrs.  This will make my driveway wider.
There are no mortgage's on either property, they are both owned outright and are freehold properties.  There is only 1 name on my property and 1 name on my neighbours property.

We have agreed on a price of £5000 for the plot of land, and agreed on where the new fence will be erected.  There is no conflict now and no further conflict, we have agreed to share maintenance of the new fence.

Can you please advise on what forms need to be filled in by me the buyer and my neighbour the seller?  I have been told that a ID1 form is  not needed by either of us due to the price being under £6000, is this correct?
I would put it on a separate title to the property deeds if this would make it easier.  I understand I will need to send plans showing the land in question.  I would be grateful if you could advise me of what forms we would both need and what Land Registry fees would be involved.  Thanks in advance

Land_Registry

marg1a said:

Hi Land Registry can you help please?

I am wanting to buy a part of my neighbour's garden, (he wants to sell) Approximately 20-25 sq mtrs.  This will make my driveway wider.
There are no mortgage's on either property, they are both owned outright and are freehold properties.  There is only 1 name on my property and 1 name on my neighbours property.

We have agreed on a price of £5000 for the plot of land, and agreed on where the new fence will be erected.  There is no conflict now and no further conflict, we have agreed to share maintenance of the new fence.

Can you please advise on what forms need to be filled in by me the buyer and my neighbour the seller?  I have been told that a ID1 form is  not needed by either of us due to the price being under £6000, is this correct?
I would put it on a separate title to the property deeds if this would make it easier.  I understand I will need to send plans showing the land in question.  I would be grateful if you could advise me of what forms we would both need and what Land Registry fees would be involved.  Thanks in advance

See our online guidance re how to transfer the ownership 

Form TP1 instead of TR1 is used and you can refer to the ‘how to complete TR1 notes’ for assistance 

If under £6K then ID1s should not be needed 
Our Practice Guide explains what’s a suitable plan, to be included in the TP1, should look like 
The registration fee is £40 
Please read the full guidance, including linked guidance, forms and any included/accompanying notes. They will cover the registration requirements. 

Whilst you do not have to use a conveyancer we would always recommend that you do. Whilst you refer to “There is no conflict now and no further conflict, we have agreed to share maintenance of the new fence.” your legal advice may assist in achieving same