Land Registry questions

phlurbb

Hi. Thank you all for the advice. I thought it would be straight forward to take over the council tax too but they want change of ownership proof. I won’t be moving in but eventually looking to rent it out. I completed a TR1 form and my solicitor confirmed it was filed but they said confirmation of transfer is approx 18 months so I don’t have anything in writing pending finalisation of the registration. Would I need to contact my solicitor for some kind of letter?

user1977

If they’re being difficult about it, you’ll need to ask them what they’ll accept. Are they not accepting a copy of the TR1?

Land_Registry

phlurbb said:

Hi. Thank you all for the advice. I thought it would be straight forward to take over the council tax too but they want change of ownership proof. I won’t be moving in but eventually looking to rent it out. I completed a TR1 form and my solicitor confirmed it was filed but they said confirmation of transfer is approx 18 months so I don’t have anything in writing pending finalisation of the registration. Would I need to contact my solicitor for some kind of letter?

Yes but do ask the council first as to what they will accept 

BuyCurious

Hi @Land_Registry / all

EDIT: I didn't want to replace my question - but see following message on my possible self-answer.

I would like to understand which party is required to do what during transfer of a property as part of managing the estate of a deceased person.

I am sole acting executor on my father's estate.  As part of the distribution dad's house will be transferred to my sister. The last / only transaction was in 1968 when the property was built - and it is not on the digital register.

My reading of things that would happen during a typical house purchase is that the seller doesn't undertake the completion of registration.  After completion the buyer side sends TR1, conveyancer guarantees of ID, etc to LR.

Overlaying that onto my situation my interpretation would be:

1. As executor I have to pass the property to my sister using form AS1 - and that the effective date of transfer for estate accounting purposes is the date in box 3 of that form. But I don't have to pass that form to Land Registry.
2. Days to weeks after the AS1 was completed my sister (via her conveyancer) then sends Forms AS1, FR1 and DL as a bundle to LR to commence the first registration process.
3. Registration may take weeks / months, but that is of no consequence to the estate executor.

Have I got that right? BTW, the transaction is entirely non-contentious.  I'm just wanting to understand when the executor can step away from the transaction and wrap up estate accounts.

BuyCurious

BuyCurious said:

Hi @Land_Registry / all

I would like to understand which party is required to do what during transfer of a property as part of managing the estate of a deceased person.

...

I think a bit of overnight thinking on search terms like "duty" has helped me find a possible answer in line with what I suggested above.

Land Registry Practice Guide says:

Practice guide 1: first registrations:

When registration is compulsory, the estate owner (transferee or grantee) ... must make the application.

...

Where there is an assent or a transfer by the personal representative the application should be made in the name of the assentee or transferee.

Also the legislation has:

Land Registration Act 2002:

...the [the transferee or grantee of that estate] ... must... apply to the registrar to be registered as the proprietor of the registrable estate...

I'm taking it that "in the name of" means by themselves or their representative / conveyancer.  Corrections welcome of course.

Land_Registry

BuyCurious said:

Hi @Land_Registry / all

EDIT: I didn't want to replace my question - but see following message on my possible self-answer.

I would like to understand which party is required to do what during transfer of a property as part of managing the estate of a deceased person.

I am sole acting executor on my father's estate.  As part of the distribution dad's house will be transferred to my sister. The last / only transaction was in 1968 when the property was built - and it is not on the digital register.

My reading of things that would happen during a typical house purchase is that the seller doesn't undertake the completion of registration.  After completion the buyer side sends TR1, conveyancer guarantees of ID, etc to LR.

Overlaying that onto my situation my interpretation would be:

1. As executor I have to pass the property to my sister using form AS1 - and that the effective date of transfer for estate accounting purposes is the date in box 3 of that form. But I don't have to pass that form to Land Registry.
2. Days to weeks after the AS1 was completed my sister (via her conveyancer) then sends Forms AS1, FR1 and DL as a bundle to LR to commence the first registration process.
3. Registration may take weeks / months, but that is of no consequence to the estate executor.

Have I got that right? BTW, the transaction is entirely non-contentious.  I'm just wanting to understand when the executor can step away from the transaction and wrap up estate accounts.

Who does what and when re the estate/sale is very much a matter for the executor/beneficiary and then buyer to decide/agree upon. 

For example you could assent it to your sister, trigger compulsory first registration and then she sells it. You could also sell it as the executor and gift her the proceeds afterwards but I suspect a buyer with a mortgage would want it registered first, so the assent is probably the way to go 
there’s no ‘have to’ is what I’m saying but needs probably must here 
Whether you, your sister or her conveyancer submit the FR1 is again up to you all 
Processing won’t start for months but that’s of no consequence for you as the executor. However it might be for sister/buyer so if she markets it and finds a buyer you/she can then ask for the FR1 to be expedited