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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a farming client who wishes to split their property

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I have a farming client who wishes to split their property between their son and daughter. We will get a solicitor to review the final land registry application but are trying to work out where to start. Would it be TR1?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Is it a simply case of transferring one registered title in to the joint names of the son/daughter OR is it a case of dividing one title separately in to two separate/distinct titles and giving one to each?

Tom
Customer: replied 1 year ago.


Farm has 3 deeds for different bits, all in mothers sole name. She is only 55 so no IHT worries (I hope!). One is for daughter, one is for son, one is to have both their names on. None to be split.

Expert:  Thomas replied 1 year ago.
Hi,

You refer to "deeds". Is the land registered at the Land Registry or unregistered?

Tom
Customer: replied 1 year ago.

I would assume it is as they bought the farm within the last 15 years. However assume is not the same as yes. I'll find out! What are implications if not registered


Thank you

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If registered you can download a copy of the register for your property from the land registry's search engine:-
http://www.landregistry.gov.uk/wps/portal/Property_Search
Enter the postcode for your property and if it is registered it will give you the option to download a copy of the register.

If the titles are registered and not going to be split then you will have to draft a Transfer (form TR1) for each title (which you will both have to sign as a deed (ie. witnessed) and you can download the template form from the land registry's website. You will have to submit this to the land registry with their form AP1, this is also downloadable from the website
by selecting from the "Forms" tab:-
http://www.landregistry.gov.uk/

You will probably have some questions on completing the form but the land registry's customer support service are very helpful to lay persons. A fee will be required and you can also ask them about that.

However, if the titles are not registered then you would have to complete an application for first registration by completing LR Form FR1. This is very complicated for lay persons because you have to prove the chain of ownership back through the years. This being the case you should instruct a solicitor to prepare these for you.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6423
Experience: BA (Hons), PgDip, Practising Solicitor
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