Witnessing TR1 Land Registry Form Being Signed

chaotic_j

Hi,

My partner and her mother are executors of their late grandmother/mother's estate.

The property has a sale agreed and each of them needs to sign the TR1 Land Registry form and have this witnessed.

I'm not party to the transaction.. can I witness their signatures?

Thanks in advance.

davidmcn

Yes, this shouldn't be a problem.

BekahLeaDee

When you say partner do you mean legally or not? 
Either way, it's always stated that it should be an independent witness who should sign. No relation at all. A neighbour or a friend is normally recommended. 

Tiglet2

Does your partner live at the same address as you?  If they do, this may cause a delay while the solicitor and the buyer's solicitor decide whether they want to risk Land Registry rejecting it.  Yes, the witness should be non-related and independent to the transaction, which you state you are, but you are involved to a much greater degree than a work colleague or neighbour.  Do you really want to be rushing about getting a new TR1 signed and returned on completion day?

Land_Registry

chaotic_j said:

Hi,
My partner and her mother are executors of their late grandmother/mother's estate.
The property has a sale agreed and each of them needs to sign the TR1 Land Registry form and have this witnessed.
I'm not party to the transaction.. can I witness their signatures?
Thanks in advance.

The witness should be independent, and preferably someone who knows the signatory well and could confirm you did sign the deed if necessary. One person may witness more than one signature but must sign and complete the details below every signature witnessed.

One party to the transfer cannot witness the signature of another party to the transfer. The spouse, civil partner or co-habitee of a transferor or transferee can act as a witness (if they are not a party to the deed), but this is best avoided.

It would be rare for us to reject the TR1 on this point alone but best to check with your conveyancer for clarity of their recommendations and requirements 

robatwork

Extrapolate why witnesses are needed in the first place.

Example: 
In 5 years time there is some dispute not involving you. You and your partner split up 4 years into your relationship acrimoniously.
Your ex-partner: "He witnessed the TA1"
You: "No I didn't, my signature was forged".

So it's best for your partner to get someone more independent to witness it.

chaotic_j

Hi,

Thanks a lot for all of your help, my partner and her mother each had a neighbour witness their signature of the TR1 so it's all sorted now.

Thanks again!