What is a Land Registry TR1 Form?

• A Land Registry TR1 Form is a formal Land Registry document which transfers the legal ownership of a property from one party or parties to another party or parties.
• The party or parties involved in the TR1 transfer can be individuals or companies ('legal persons').
• The transfer may or may not involve money changing hands (consideration). A transfer without payment is known as a 'transfer for no consideration'.
• Form TR1 is sent to the Land Registry on completion. This is where leasehold agreements, Deed of Trust instructions, and the title deeds themselves are kept.

Need help transferring property with a TR1 Form?

Updating HM Land Registry with changes in property ownership is now standard and often mandatory in the UK. This applies to previously registered properties and new builds, which must be registered for the first time.

Having an up-to-date records centre and repository for these deeds makes the conveyancing process far more reliable.

While many older properties remain unregistered, the trend is toward complete registration for greater security and transparency.

In residential conveyancing, the seller's conveyancers prepare the TR1 form, transferring ownership of the property from the seller(s) to the buyer(s). The cost of the form and its completion is typically included in the overall conveyancing fees.

Our experienced conveyancing solicitors can assist you with all aspects of a transfer, including:

• Sale and Purchase.
• Gifted Transfer.
• Transfer of Equity.

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Legal Ownership vs Beneficial Ownership in property transfers

When transferring property using a TR1 form, you need to understand the difference between legal and beneficial ownership. These types of ownership can be held by the same person or different people.

Legal ownership refers to the legal rights associated with the property, such as the right to sell it. Beneficial ownership, on the other hand, concerns the right to enjoy the benefits of the property, such as receiving rental income or living in the property.

Often, legal and beneficial interests run together. However, they can be separated, which is important to understand.

For instance, someone might be the legal owner of a property (their name is on the title deed), but someone else might be the beneficial owner (they receive the rental income and enjoy the property). This distinction is particularly relevant in situations involving trusts, shared ownership, or complex financial arrangements.

You can download a sample TR1 form below:

Key steps before using a TR1 Form for property transfers

Check if the property is already registered

This is an important first step because it impacts the information required for the TR1 form and the overall registration process. Your solicitor can use the online search service or conduct an index map search to verify the registration status. If the property is unregistered, it will require first registration.

Review the property register

Your solicitor will carefully review the information held on the property register as any entries could affect the transfer process.

You can view a copy of the property index or obtain an official copy of the register for the most up-to-date information. This will reveal any existing charges, restrictions, or notices affecting the property.

Check the entries on the register

The property register might contain various entries that require attention before the transfer can proceed. These include:

• Restrictions: These entries require specific actions, such as obtaining consent from a named individual or providing a certificate complying with conditions in a deed.
• Notices and cautions: Unilateral notices, agreed notices, or cautions may need to be addressed, potentially requiring applications for cancellation or removal.
• Lease clauses (if leasehold): Leasehold properties may have clauses requiring landlord consent for transfer or notification of the lender's consent if the property is mortgaged. Evidence of mortgage discharge may also be required.

When to use a TR1 Form for a property transfer

You must use a TR1 Form to transfer the ownership of the entire property within one or more registered titles. The TR1 Form is also used when registering a property for the first time.

Important Note: If you are only transferring a portion of a registered title, you should use the Land Registry TP1 Form instead of the TR1 Form.

What does a TR1 Form consist of?

The TR1 form is divided into several sections, or "Panels," each requiring specific information about the property transfer. The government provides official guidance to assist with completing the form. Here's a breakdown of each section:

Title Numbers

Enter the title number(s) of the property being transferred. This number is found at the top of the first page of the property register. One TR1 form can be used for multiple title numbers. Leave this panel blank if the property is unregistered.

Property Description

Provide a brief description of the property, including the full address and postcode. For registered properties, this information is usually found at the beginning of the Property Register on the official copy.

Date

Enter the completion date of the property transfer in this panel. Do not enter the date until after the transfer has been executed (signed). This relates to Panel 12 (Execution).

The Transferor(s)

Provide the full legal names (including all middle names) of all individuals or entities transferring the property. This must match the name(s) on the register or provide legal documentation explaining any discrepancies (e.g., deed poll, marriage certificate, grant of probate). If the transferor is a company, additional fields in this panel must be completed.

The Transferee(s)

Enter the full legal names (no titles like "Mr." or "Mrs.") of all individuals or entities receiving ownership of the property (maximum of four transferees). If the transferee is a company, additional fields in this panel must be completed.

If a sole proprietor is transferring ownership to themselves and another person(s), their name must also be included as a transferee. A share of a property cannot be transferred.

Address

Each transferee must provide a postal address (UK or international), including the postcode or equivalent. Up to two additional addresses (postal, email, box number, or UK document exchange) can also be provided. It's important to keep these addresses updated as the Land Registry may send important notices.

Transfer Statement

This panel contains standard legal wording for the transfer. Do not alter or add to this panel.

Consideration

Enter the amount paid for the property. If the transfer is a gift, select the "gift" option. For other types of non-monetary transfers, select the appropriate option and provide details. This is a crucial part of the TR1 form that needs to be filled out accurately.

Registered Title Guarantees

The transferor(s) provide certain guarantees about the property title. These guarantees continue with the property even after the transfer. There are two main types:

• Full Title Guarantee: The transferor(s) guarantee, to the best of their knowledge, that there are no financial charges (mortgages) or other third-party interests (rights of way, leases) affecting the property, except for those already disclosed.
• Limited Title Guarantee: A more restricted guarantee stating that the transferor(s) have not personally created or allowed any charges, encumbrances, or third-party interests that still exist at the time of transfer.

Declaration of Trust

This panel should be completed if there is more than one transferee (joint ownership).

This panel, or a separate Form JO, clarifies the joint owners' intentions regarding beneficial interest (how they will benefit from the property). Joint owners can hold beneficial interest as either joint tenants or tenants in common.

If this panel (Panel 10) or a separate Form JO is not completed and submitted with the TR1 form, the Land Registry will automatically enter a Form A restriction on the property register.

This restriction can complicate future sales or mortgages, as it requires at least two registered proprietors to act as trustees, protecting the interests of any beneficial owners who are not also legal owners.

Therefore, completing Panel 10 or Form JO is highly recommended to avoid this automatic restriction. Here's how to complete Panel 10:

• 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.
• If they intend to hold the beneficial interest as tenants in common in equal shares, they should place an ‘X' in the second 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, they should place an ‘X' in the third box and provide the relevant details.

Form JO offers the same options as Panel 10 but is a separate form designed to assist in providing the relevant information. Each joint transferee needs to sign a declaration of trust on Form JO. A conveyancer may complete and sign Form JO (instead of the transferees) if the declaration of trust is already contained in a separate deed or will.

Additional Provisions

This panel is for recording any specific agreements or covenants between the transferor(s) and transferee(s) that are not covered elsewhere in the form. These agreements are legally binding, so it's advisable to seek legal advice before including anything in this section.

Execution

All transferors must legally sign the TR1 form. If Panels 10 or 11 are completed, the transferees must also sign. Signatures must be witnessed by an independent adult (not a party to the transfer). Specific rules apply to signatures by attorneys, companies, or at the direction of the owner.

Refer to government guidance for more information on execution of deeds.

The TR1 form plays a vital role in finalising the property transfer agreement. It must be signed by the seller(s) and, in some cases, the buyer(s), typically between exchange and completion.

All signatures must be witnessed. Due to potential backlogs at the Land Registry, it can take several weeks or even months for the changes to be reflected in their records.

Documents required for a TR1 Form submission

In addition to the completed TR1 form, several other documents must be submitted to the Land Registry to finalise the property transfer:

Stamp Duty Land Tax (SDLT) Certificate

A Stamp Duty Land Tax (SDLT) certificate must be submitted to HMRC, even if no SDLT is payable. This confirms that the required SDLT has been paid or that no SDLT is due.

Form AP1 or Form FR1

• Form AP1: If the property is already registered with the Land Registry.
• Form FR1: If the property is being registered for the first time.

Certificate of Identity

If you are submitting Form AP1 or Form FR1 and are not a legally qualified professional (such as a solicitor or licensed conveyancer), you must provide proof of your identity. This typically involves submitting Form ID1 for individuals or Form ID2 for corporations.

All individuals or entities listed as legal advisers to an applicant on Form AP1 or FR1 must also submit a Form ID1.

If the transferor(s) were not legally represented, they will need to complete Form ID1. If an attorney acted for any of the transferors or transferees and was not legally represented themselves, they will also need to complete a Form ID1.