Transferring Buildings or Land Part 2 Wills & Estates

The transfer is made on form AS1 (or form AS3 if only part of the property is being transferred or if the property is mortgaged on Form ASE) and must be sent to the Land Registry with form AP1, an office copy of the grant of representation, a Stamp Duty Land Tax Certificate or self-certification and a completed application to register the title (including the title requisite deeds) if the title is not already registered.

The Land Registry fee which is based upon the value of the property must be paid at the same time.

If the property was owned by one person before his death and does not have a registered title, it is better to ask a solicitor to transfer the property and register the transfer and title at the Land Registry at the same time. Preparation of an application to register an unregistered title can only be safely done by someone with a considerable knowledge of property law and is best done by a solicitor or a licensed conveyancer.

If the applicant is aware that the property is occupied by someone other than the beneficiary to whom the property is being transferred or that there has been any transaction after the date stated on the Land Registry title document, which affected the property, the applicant cannot safely complete the first box in section 11 of form AP1 and should seek advice from a solicitor or licensed conveyancer. If the applicant is not aware of any such matters he can tick the first box in section 11 and ignore the second box.

The amount of the relevant fees payable to the Land Registry and the Land Registry forms can be obtained from the Registry or downloaded for private use from the Land Registry website. Fees can be paid by cheque made payable to HM Land Registry.

If registered land is mortgaged, when the mortgage is paid off the lender will either notify the Land Registry electronically that the mortgage has been paid off or supply the borrower or subsequent lender whose mortgage is still in force with an acknowledgement that the lender’s mortgage has been paid off in the form of a completed Land Registry form DS1 or DS3 or DS2E. To remove the reference to the mortgage from the property title, the form of acknowledgement should be sent to the relevant District Land Registry with a completed form AP1 or DS2 and the original grant of representation to the estate. No fee is payable. When the Registry’s records have been amended to remove the mortgage from the title, the Registry will send to the property owner, or subsequent lender whose mortgage is still in force, a copy of the amended Title Information Document and official copy of the register.

When applying to register most types of changes to a registered title, unless the application is made by a ‘conveyancer’, the Land Registry requires the applicant to submit evidence of the applicant’s identity. Unless the deeds have been destroyed evidence of identity is not required if the value of the land concerned does not exceed £5,000 or for applications to register a transfer by a personal representative to a beneficiary. ‘Conveyancers’ are barristers, solicitors, licensed conveyancers, notaries public and certain foreign lawyers. The evidence of identity that is acceptable can be found in Public Guide Number 20 which is available by request from the Land Registry and also on the Land Registry website.

The Land Registry website includes an online enquiry form and a section of frequently asked questions and answers.

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