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Practice guide 1: first registrations

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Practice guide 1: first registrations

6. Forms of transfer inducing first registration

6. Forms of transfer inducing first registration

6.1 Use of an HM Land Registry transfer or assent

A conveyance of unregistered land must be made by deed, but the form of deed is largely immaterial, as long as it is clear and contains all the provisions that are necessary to give effect to what the parties have agreed. Hence, a conveyance (including one giving effect to a partition of unregistered land among the beneficiaries of a trust of land or one that is made in consequence of the appointment of a new trustee) or an assent that will lead to compulsory first registration can be made either in the traditional form, or by using the appropriate HM Land Registry form of transfer. The appropriate HM Land Registry form of transfer can also be used where a new trustee is being appointed and the unregistered land is being expressly transferred to the new and continuing trustees in the same deed.

An HM Land Registry transfer is particularly useful for a sale of land free from incumbrances. In other cases, since there is no title register, either the incumbrances must be mentioned in the transfer or the title guarantee must be modified (see sections 3 and 6 of the Law of Property (Miscellaneous Provisions) Act 1994.) A suitable modification would be:

“This transfer is made with full title guarantee but the covenant set out in section 3(1) of the Law of Property (Miscellaneous Provisions) Act 1994 does not extend to the incumbrances (other than monetary charges, if any) appearing on the title.”

6.2 Transfer and assent forms

There are various forms for transfers and assents of whole and part titles. They may be used for transfers that will cause compulsory registration as well as transfers of registered land.

6.2.1 Forms TR1, TR2 and TR5

Use these forms for transfers of the whole of the land in one or more titles. Form TR2 is for a transfer by a mortgagee in possession. Form TR5 is an alternative to form TR1 for use when transferring a portfolio of titles (registered or unregistered).

6.2.2 Forms TP1, TP2 and TR5

Use these forms for a transfer that comprises or includes part only of the land in a title, or where the transferor retains mines and minerals or transfers mines and minerals while retaining the surface land. Form TP2 is for a transfer by a mortgagee in possession. Form TR5 is an alternative to form TP1 for use when transferring a portfolio of titles (registered or unregistered) that includes part titles.

6.2.3 Form AS1

Use form AS1 for an assent of the whole of the land in one or more titles.

6.2.4 Form AS3

Use form AS3 for an assent that comprises or includes part only of the land in a title.

Further details of how to use and complete HM Land Registry disposition forms may be found in practice guide 21: transfer forms for complex transactions.

6.3 Vesting of land in new trustees of an existing trust on the death of a sole or last surviving trustee

Where land is held by personal representatives of a sole or last surviving trustee of a continuing trust of land, a conveyance, transfer or deed of appointment should be used to vest the land in the new trustees, all of which will, if dated on or after 6 April 2009, trigger compulsory registration. The use of an assent in these circumstances (whether in an HM Land Registry form or not) is incorrect.

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