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This publication is available at https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property
These notes give general guidance on how to complete our transfer form TR1.
Although there is no requirement on the part of Land Registry that you use a solicitor or other legal adviser to complete the form and send it to us, please remember that we can only assist you in the completion of the clerical aspects of the form, we are not able to offer you legal advice.
Sometimes, particularly if there is a mortgage involved, the lender may insist that you use a solicitor or licensed conveyancer.
In these notes the person transferring the land, whether they are selling it or giving it, is called the “transferor”. The person receiving the land is the “transferee”.
2. When to use form TR1
You can use form TR1 to transfer:
- the whole of the land in one or more registered titles; and/or
- a plot of unregistered land which is to be registered for the first time.
You cannot use this form to transfer part of a registered title. If you wish to do this, you need to use HM Land Registry form TP1.
2.1 Things to consider before completing the form
2.1.1 Whether the land is registered
This is important because it makes a difference as to the other information you need to send to us together with the form TR1. If you do not know whether the property is registered, you will need to either
- use our online Find a property service
- carry out a search of the index map. You should do this by completing and sending form SIM to the HM Land Registry office responsible for the property you are dealing with.
2.1.2 Things on the register to consider
Assuming the property is registered, we advise you to
- view or download a copy of the register using our online Find a property service or
- get an up to date official copy of the register. You can do this by sending form OC1 to the HM Land Registry office responsible for the property you are dealing with.
There may be entries on the register that you will have to consider before you can complete the transfer of the property. These may include:
- Restriction: an entry requiring the consent of someone before a particular dealing with the property can take place.
- Unilateral Notice/Caution: you may need to apply for their cancellation or removal before you would want to go ahead with the transfer.
- Leasehold land: if your property is leasehold, there is usually a clause in the lease requiring the landlord to give his consent, or at least to be informed.
- Mortgaged land: similarly, if the land is mortgaged you normally need to get the consent of the lender if you want to transfer it subject to an existing mortgage.
Alternatively, if you are paying off the loan, you will need to get evidence of the discharge of mortgage and your lender will be able to advise you on this. Please note that this is not a full list of the entries appearing on the register that you may need to consider before transferring the property. It is important that you consider every entry on the register and obtain any evidence that may be needed in relation to it. If you do not do this before you send in the application, your application may be delayed while we contact you to resolve any problems.
2.1.3 Other matters to consider
There are many other matters that do not concern HM Land Registry directly, but may be very important to you. For example, it is important that you consider the taxation implications of the transfer.
2.2 What other forms to send
You need to send your documents to us under the cover of an application form. Use either
- form AP1 if the land is registered
- form FR1 if you are applying for first registration of the land
- proof of identity forms: form ID1 (individual) or form ID2 (corporation). All the people listed in panel 7 of the AP1 as applicants will have to complete one if the application is not being sent in by a professional conveyancer. In addition if the transferor(s) were not legally represented, they will all need to complete the form also. Once completed you must take it and the identity evidence required to one of our customer information centres, or, alternatively, to a conveyancer to be checked. Appointments can be arranged by using the request appointment form on our website or by telephoning customer support on 0300 006 0411. Our Customer Information Centres are run on an appointment system in order to provide the best level of service. NB: if you plan to bring the ID form to one of our Customer Information Centres for checking, all persons requiring evidence of identity checks must attend and you must submit the transfer application at the same time. We are not able to check ID in advance of an application. You may attend any HM Land Registry office and Customer Support can assist in identifying the most convenient one for you.
- a transfer by way of sale for £40,000 or over requires notification to HM Revenue and Customs by completion of an HM Revenue and Customs SDLT1 Land Transaction Return form. In response, HM Revenue and Customs will issue a Land Transaction Return certificate, which you must submit to HM Land Registry when registering the transfer.
- a transfer not on sale or one for less than £40,000 does not require any stamp duty form.
- Land Transaction Returns can be filed electronically on behalf of buyers who are represented by a professional conveyancer or other agent. Once HMRC’s online system accepts the return an electronic certificate is issued, which can be printed off straight away. For more information on this service see the HMRC website.
- buyers who are not represented by a professional conveyancer or other agent will have to submit a paper Return. You can order the paper Return on-line or from the Stamp Taxes Order Line on 0300 200 3511.
- if you are unsure if your transfer requires a Land Transaction Return certificate, please contact HM Revenue and Customers on-line or by telephone on 0300 200 3510.
2.3 Where to send your application
To find out where to send your completed application, see HM Land Registry address for applications.
2.4 Further advice
To obtain further assistance or information, you can complete our online enquiries form or contact Customer Support on 0300 006 0411.
While we are happy to give general information about completing the form and our requirements to deal with various entries on the register, we cannot give detailed legal advice. In such circumstances we strongly urge you to seek professional legal advice before going ahead with the transfer.
3. Video tutorial: completing form TR1
4. Completing panels on form TR1
The completion of many of the panels will be easier if you have a printed copy of the register or an official copy of the register to hand when completing the form (see Things on the register to consider).
4.1 Panel 1: title numbers
Insert the title number(s) of the land that you are going to transfer (this will be noted at the top of the first page of an official copy of the register, see Things on the register to consider). You can use the one form for more than one title number. If the land is not registered, leave this panel blank.
Using this form of transfer will result in the transfer of all the land in the registered title. If you only intend to transfer part of the land in the title, you should complete HM Land Registry form TP1 instead.
4.2 Panel 2: property
Insert where shown a brief description (including the postcode) of the land that you intend to transfer. If the land is registered you will find this at the beginning of the Property Register as shown on the official copy of the register and it will normally be the postal address of the property.
4.3 Panel 3: date
Insert the date of completion in this panel (see panel 12: execution). Do not do this until after the transfer has been executed.
4.4 Panel 4: the transferor(s)
Write here the full names (including all middle names) of all the person(s) who are going to transfer the land. This must be the name(s) of the registered owners on the land register, or someone who can prove they can act on their behalf (e.g. an executor).
If the information you put in this box does not match what appears on the register of title, you will need to supply us with evidence as to why this is not so. This might be a deed poll or marriage certificate for someone who has changed their name. If one of joint owners has died you will need to send us the death certificate or grant of probate.
If the transferor is a company you will need to complete the additional questions in the panel.
4.5 Panel 5: the transferee(s)
Insert the full names of all the people to whom the land is to be transferred (maximum of four). Do not include such titles as “Mr.” or “Mrs.”. However, if you have any other title, please include it.
If a sole proprietor (such as Mr A) wants to transfer the land to two (or more) people including himself (such as both Mr and Mrs A) his name will need to be included as well - he cannot simply transfer just a share in the land.
If the transferee is a company you will need to complete the additional questions in the panel.
4.6 Panel 6: address
Each transferee needs to supply us with a correspondence address, which must be a postal address either in the UK or abroad. Please remember to include any postcode or overseas equivalent. You may also supply up to two other addresses, which may be a postal, email, box number, or UK document exchange address.
Keeping your address up to date is very important because we may have to send important notices, which could affect your rights.
4.7 Panel 7: transfer
This statement is appropriate in all cases; do not add to, or otherwise amend this panel.
4.8 Panel 8: consideration
Enter the amount paid for the land being transferred where shown (first box). If the transfer is to be by way of gift select the second box. If the transfer is for any other consideration select the third box and enter the details.
4.9 Panel 9: title guarantees
In providing these guarantees the transferor(s) give certain binding promises about their title to the land. There are two types, though either may be modified. These guarantees impose obligations, which will continue to bind the owner even after completion of the transfer. This area is complex and if you have any doubts we recommend you seek the advice of a solicitor or other professional, since HM Land Registry cannot provide you with legal advice.
- Full Title Guarantee: the transferor(s) guarantee, to the best of their knowledge, that there are no financial charges/encumbrances (e.g. mortgages) or other third party interests (e.g. rights of way/leases) which affect the land other than those already revealed to the transferee(s)
- Limited Title Guarantee: as its name implies a more restricted set of promises by the transferor(s). This guarantees that the transferor(s) have not themselves created, or allowed to be created any charge, encumbrance or third party interest, which still exists at the date of the transfer.
4.10 Panel 10: declaration of trust
This panel should be completed if there is more than one transferee.
Joint ownership is a difficult area of the law. It can lead to disputes when a joint owner dies or the relationship between joint owners breaks down. Recording the joint owners’ intentions in panel 10 of the transfer or in a separate form JO (discussed below) may help to avoid such disputes later on. However, this is only a starting point, as the joint owners’ intentions may change over time.
If there is more than one transferee, as joint owners they will automatically hold the property on a trust of land for themselves and /or anybody else who has a beneficial interest in the land.
Joint owners can hold their beneficial interest in the land as joint tenants or as tenants in common.
Beneficial joint tenants do not own specific shares in the property. If one of them dies their interest passes automatically to the surviving beneficial joint tenant(s) even if they have made a will leaving it to someone else.
Beneficial tenants in common own specific shares in the property, which may be equal or unequal and they can leave their share to someone else in their will.
Unless it is clear, at the time of acquisition, that the joint transferees intend to hold the beneficial interest on trust for themselves alone as joint tenants, we have a duty to enter a restriction in Form A on the register. The effect of this restriction is that we will not register a sale or mortgage of the property unless there are at least two registered proprietors, as trustees to jointly receive the sale or mortgage monies. This means the last survivor of tenants in common is not permitted to sell the property without proving that the trust has come to an end or appointing a new co-trustee.
If the joint transferees intend to hold the property on trust for themselves alone as joint tenants, they should place an ‘X’ in the first box. Alternatively, if they intend to hold the beneficial interest as tenants in common in equal shares, they should place an ‘X’ in the second box. They should place an ‘X’ in the third box if they intend to hold it in unequal shares, or for themselves and others (whether in equal or unequal shares), or under the terms of a separate existing trust deed or will, and in each case they should also add the relevant details.
As an alternative to completing this panel you may use the trust information form JO which is available to download from our website. Form JO contains the same options as panel 10 but is designed as a separate form in order to assist in providing the relevant information and ensuring that each joint transferee signs a declaration of trust (see panel 12 below.) If the declaration of the trust on which the transferees will be holding the property is already contained in a separate deed or will, a conveyancer may include details of it in, and sign, the form JO instead of the transferees.
If neither panel 10 of the transfer nor a form JO are completed and lodged with the application to register a transfer to joint transferees, we will enter a Form A restriction by default.
If you have any doubts about what is required you should seek professional advice before you proceed.
4.11 Panel 11: additional provision
Sometimes there are covenants or agreements between the transferor(s) and transferee(s). This is where you should enter the details. You may wish to seek legal advice as such covenants or agreements are binding on the person(s) who gives them even after completion of the transfer.
4.12 Panel 12: execution
All the transferors must execute (legally sign) the deed, using the following words:
Signed as a deed by (full name of transferor)_________________ (signature)
In the presence of: _________________(signature of witness)
(print name and address of witness)
If panels 10 or 11 have been completed then the transferees must sign also.
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.
There are different requirements if the transfer is being signed by an attorney or company, or at the direction of the transferor. Contact us for the form of wording in those circumstances.