Registry Transfers

Applications to change the register are by way of dealing.   Documents must be properly executed and stamped.  The appropriate fee on application should be made.  The transfer or other documents should be in the prescribed form or as modified.

A transfer has the effect equivalent to a deed of conveyance or assignment.  A transfer by the registered owner transfers title to the transferee.  The transferee inherits the transferor’s title subject to such other modifications that may apply under the terms of the transfer such as reservation of easements, creation of covenants etc.

The transfer document should be executed as a deed.  In the case of registered title, it should be attested by two witnesses, a single solicitor witness will suffice.  Certain other documents require witnesses.

In some cases, particular documents will be required such as a grant of representation or other transfers by other than registered owner.

The transfer of itself does not transfer title.  The transfer is not perfected until registration.

If a transfer is for value, the transferee takes the property subject to registered burdens and burdens which affect the land without registration.  Unregistered and equitable rights will not generally bind the transferee.

If the transfer is not for value, the transferee is registered subject to all unregistered rights which the transferor held.  These bind persons claiming through the transferee other than for value.

An instrument of transfer transfers the whole of the transferor’s interest.  No words of limitation are necessary, words of title are necessary.  The prescribed form of transfer set out in the Land Registry rules should be used with appropriate modifications.  Where there is no suitable form, a form as close to that as possible should be used.

A transfer of registered title is by means of a deed in the form prescribed by Land Registry rules. The transfer is not completed until registration.

Upon the death of the registered owner, the personal representative of the registered owner has the authority to deal with the land. In the case of the death of a joint owner, it vests by survivorship in the remaining registered owner through proof of death.

A transfer by an owner who subsequently becomes bankrupt is not affected by the bankruptcy petition or order unless the buyer has knowledge of it or a notice of bankruptcy has been registered at the date of transfer. A buyer can make a priority search, which will rank in priority to any bankruptcy petition presented during the subsequent 40 days.

Ownership interests that are capable of being registered may be protected by cautions or inhibitions. A caution gives notice that a duty has not happened until certain persons have been notified, giving them the opportunity to assert their rights. However, if the person entitled to the caution does not exercise their right after being notified, it lapses.

An inhibition freezes the title and may be used, for example, by beneficiaries under a trust. It prevents transfers without the order of the court or registry or the consent of the person logging the inhibition. An inhibition may only be granted by the registrar with the consent of the relevant parties or if they are satisfied that there is a sufficient case for making the entry.

Land Registry searches show the position with respect to title and ownership. The Land Registry itself issues official searches. A priority search may be made, giving the beneficiary 40 days in which to register their right. Any changes to the register within these 40 days will not affect the person entitled to the priority search. The priority search is noted under the register.

It is possible to make a priority search which freezes the register for a period.  This should be done by a buyer so as to ensure that the seller makes no inconsistent transfer in the period between completion of purchase and lodgement of the transfer for registration.  Similarly, a chargee should make a priority search.

Until very recently, land certificates could be applied for and issued in respect of titles. Generally, land certificates were required to be produced in dealings with the land, providing an extra level of protection.

However, to facilitate conveyancing, land certificates have been removed and are no longer required as of October 2011.

To register a transfer in the Land Registry, the following must be produced:

• A properly executed transfer deed, mortgage, etc.
• Land stamp duty land certificate.
• Proper fees.
• Other appropriate documents, searches, and registration.