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TR1 - witness - can a family member sign as witness to signature?

Sold house - Can my daughter who is married and living at another address, sign as witness to my TR1 title deed land registry transfer document?
She is not party to the title deeds/property/land.

Comments

  • My solicitor said relatives can't sign it. I'd ask a neighbour. 
  • user1977
    user1977 Posts: 17,249 Forumite
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    No technical reason why she can't. Did your solicitor really give you absolutely no guidance about who a suitable witness could be?
  • Okey00001
    Okey00001 Posts: 135 Forumite
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    edited 13 May 2022 at 2:03PM
    Thank you. It is not clear on HM Land Registry website. It appears that as long a the person is not part of Title deeds.

    https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property
  • Okey00001
    Okey00001 Posts: 135 Forumite
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    user1977 said:
    No technical reason why she can't. Did your solicitor really give you absolutely no guidance about who a suitable witness could be?

    Solicitor is difficult to get contact at the moment but he did say "no family members living at my address"
  • MaryNB
    MaryNB Posts: 2,319 Forumite
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    Okey00001 said:
    Sold house - Can my daughter who is married and living at another address, sign as witness to my TR1 title deed land registry transfer document?
    She is not party to the title deeds/property/land.
    See paragraph 3.12. Guidance: how to complete form TR1

    The witness should be independent, and preferably someone who knows you 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.


    If a co-habitee can sign it (as long as they are not on the deed) I can't see why your daughter who has no interest in the property can't.

  • user1977
    user1977 Posts: 17,249 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Okey00001 said:
    user1977 said:
    No technical reason why she can't. Did your solicitor really give you absolutely no guidance about who a suitable witness could be?
    Solicitor is difficult to get contact at the moment but he did say "no family members living at my address"
    Well, there you go then. She isn't a family member living at your address.
  • Okey00001
    Okey00001 Posts: 135 Forumite
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    edited 13 May 2022 at 2:12PM
    Thank you, I needed to double check. These documents have to be 100% otherwise, mayhem! :#
  • Tiglet2
    Tiglet2 Posts: 2,606 Forumite
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    Some firms would specify that it cannot be a person who is related to you and, of course, your daughter clearly is.  However, assuming she now has a different surname, living at another address, it would be almost impossible for the conveyancer to know or question it.
  • Just ask her partner to do it - there's clearly no relation and I assume they reside in the same place. 
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