What is a Land Registry TR1 Form?

• A Land Registry TR1 Form is a formal Land Registry document which literally transfers the legal ownership of a whole property from one party or parties to another party or parties.
• The party or parties may be either human or companies ('legal persons')
• The transfer may or may not be accompanied by money being paid over from the buyer to the seller - this is known as the consideration; when no money changes hands, the transfer is for 'no consideration'.

Form TR1 is sent to the Land Registry on completion. The Land Registry is the prime government agency where all properties are registered alongside all deeds, such as a copy of a leasehold agreement (if applicable), any direction that a Deed of Trust is involved and, of course, the title deeds themselves.

NB - sometimes the information on this form which relates to joint ownership (see below) is dealt with in a separate form called Form JO. Whether this latter form is used depends purely on your solicitor's policy and isn't a matter of concern.

Before the last few decades, people frequently held onto and exchanged physical title deeds when buying and selling homes: this was dangerous, not least because deeds might be lost, altered, or stolen. Having an up-to-date records centre and repository for these deeds makes the conveyancing process far more reliable.

Nowadays it is standard and mandatory to update HM Land Registry of changes in property ownership in the UK and all associated property ownership registration details too. There are still a large number of ancient properties which have never been registered and, of course, new builds must be registered for the first time.

In residential conveyancing, the TR1 form is prepared by the sellers conveyancers, who complete the form to transfer the ownership of a house or flat from seller/s to buyer/s. The cost of the form and completing it is normally absorbed within the overall costs of conveyancing.

Your Conveyancing Process - The vendors in a transaction state their credentials and sign the TR1. When the sale has completed, the solicitor mails it to the Land Registry.

What must you/your solicitor do before you use a TR1 Form?

Check if the property has previously been registered with HM Land Registry

This is an important first step because it affects the information to be sent over. To do this, your solicitor can use this to find a property service or carry out a search of the index map. Additionally, if the property has not been previously registered, you have to pay double the standard Land Registry fee for its first registration.

Check what is in the register

It's worth noting what entries there may be against the property because these might affect the ease - or not - of its ownership and transfer.

View a copy of the property index or get an up-to-date official copy of the register.

What might turn up in the register?

• A restriction: an entry requiring action before registration of the transfer can take place, such as getting consent to transfer from a person named in a restriction, or a certificate complying with conditions in a specified deed.
• A unilateral notice/agreed notice/caution: you may need to apply for the cancellation or removal.
• A clause in the lease (if the property is leasehold) requiring the landlord to give their consent, or at least to be informed of the consent of the lender if the property is mortgaged, or evidence of the mortgage's discharge if you are paying it off.

You should consider every entry in the register and get the evidence you need before you send your application to the Land Registry.

When must you use a TR1 Form?

You use the form to transfer the whole of the property in one or more registered titles and/or to legally document if a property is being registered for the first time (transfer unregistered property).

NB - just looking to sell/transfer part of a registered title? Land Registry Form TP1 is used instead.

What does a TR1 Form consist of?

The government offers a guidance document to help here. The form consists of various questions in 'Panels' on the left-hand side and an empty block on the right-hand side where you must fill in the answers as truthfully and fully as possible.

1: Title Numbers

Insert the title number(s) of the property being transferred (noted at the top of the first page of the register). You can use one form for records of more than one title number. If it is an unregistered property, leave this panel blank.

Using this form of transfer will result in the transfer of all the property in the registered title. If you intend to transfer only part of the registered property in the title, use form TP1 instead (see above).

2: Property

Insert where shown a brief description (including the postcode) of the property you intend to transfer. If the property 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 house on the registered property too.

3: Date

Insert the date of completion in this panel (see panel 12: execution, below). Do not do this until after the transfer has been executed.

4: The Transferor(s)

The full names (including all middle names) of all the person(s) transferring the property. This must be the name(s) of the registered owners, or someone who can prove they can act on their behalf (such as an executor).

If the information in this box does not match the register, you must supply the Land Registry with evidence as to why. This might be a deed poll or marriage certificate for a new owner or someone who has changed their name. If one of the joint owners has died, you will need to send the Land Registry the death certificate or grant of probate.

If the transferor is a company, you must complete the additional fields in the panel.

5: The Transferee(s)

The full names of all the people to whom ownership of the property is to be transferred (maximum of four). Do not include the titles “Mr" or “Mrs", but if you have any other title, please include it.

If a sole proprietor (Mr A) wants to transfer ownership of the property to two (or more) people including himself (Mr and Mrs A), his name will need to be included as well. He cannot transfer just a share of the property.

If the transferee is a company, you will need to complete the additional fields in the panel.

6: Address

Each transferee needs to supply the Land Registry with 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 important because the Land Registry may have to send notices that could affect your rights.

7: Transfer

This statement is appropriate in all cases; do not add to, or otherwise amend this panel.

8: Consideration

Enter the amount paid for the property being transferred where shown (first box). If the transfer is a gift, select the second box. If the transfer is for anything else, select the third box and enter the details.

9: Registered Title Guarantees

The transferor(s) give certain binding promises about their title to the property. There are two types, though either may be modified. These guarantees continue with the title of the new owner even after the 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.

The types of title guarantees are:

• Full title guarantee: the transferor(s) guarantee, to the best of their knowledge, that there are no financial charges/encumbrances (such as mortgages) or other third party interests (such as rights of way/leases) which affect the property other than those already revealed to the transferee(s)
• Limited title guarantee: 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 that still exists at the date of the transfer.

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.

Recording the joint owners’ intentions in panel 10 of the transfer or in a separate Form JO may help to avoid disputes later on but 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 trust for themselves and/or anybody else who has a beneficial interest in the property. Joint owners can hold their beneficial interest in the property 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 that the joint transferees intend to hold the beneficial interest on the property in a trust for themselves alone as joint tenants, the registry is duty-bound to enter a restriction in Form A in the register.

The effect of this restriction is that the registry will not report 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 registered proprietor or 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. Form JO contains the same options as panel 10 but is designed as a separate form 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 and sign form JO instead of the transferees. If neither panel 10 of the transfer nor a completed form JO are completed and lodged with the application to register a transfer to joint transferees, the Land Registry 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.

11: Additional Provision

Sometimes there are covenants or agreements between the transferor(s) and transferee(s). This is where you should enter the transaction details and obtain supporting documents. You may wish to seek legal advice because covenants or agreements are binding on the person(s) who gives them even after the transfer transaction is completed.

12: Execution

All the transferors must execute (legally sign) the transfer deed. If panels 10 or 11 have been completed, the transferees must also sign. The witness should be independent, preferably someone who knows you well and could confirm you did sign the transfer deed. 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 deed. The spouse, civil partner or cohabitee of a transferor or transferee can act as a witness (if they are not a party to the transfer deed), but this is best avoided.

There are different requirements if the transfer is signed by an attorney or company, or at the direction of the owner or transferor. This is the main reason why there isn't a fixed form of words in the box: the owner's signature might be in the form of a company seal, for example.

Read the government guidance on different forms of wording in these circumstances.

Overall

The TR1 form is essential for finalising the agreement between the buyer and seller. It must be signed by the seller, usually between the exchange and transaction completion. The deed always needs to be witnessed by an independent adult witness.

The Land Registry has a backlog of work to complete and has for the last few years, so it may take some weeks - even months - before the actual changes made in your relevant TR1 form are reflected on the Land Registry's records.

Which documents must be sent along with the TR1 Form?

Stamp Duty Land Tax Certificate

Your solicitor has to send this document off to HMRC even if you don't have a mortgage or any stamp duty to pay.

Form AP1 or Form FR1

If your house or property is registered, form AP1 must be completed. If your property hasn't been registered yet, form FR1 must be completed.

Certificate of Identity

If you are sending Form AP1 or Form FR1 and you aren't a professional or licensed conveyancer, you also have to prove your identity, either by sending in Form ID1 for individuals or using Form TR1 to transfer ID2 for corporations.

Everyone listed as a legal adviser to an applicant in panel 6 of form AP1 or FR1 and panel 5 of form TR1 must complete one. If the transferor(s) were not legally represented, they will also need to complete Form TR1. If an attorney acted for any of the transferors or transferees, they also need to complete a form ID1 if they were not legally represented.