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May, 2017

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  1. #1

    Default TR1 Form valid or invalid

    This appears to me to be a simple question but there does not appear to be a simple answer. if there are 2 transferees and box 11 ( the declaration of trust box) has an x against beneficial tenants but the transferes have not signed the TR1 and the solicitor had no instructions from either party as to how the property was to be held, is the declaration entered valid on the transferees. it states quite clearly on the the TR1 that if box 11 (a declaration has been entered)has been completed then the transferees must sign. On the land registry website there are instructions for completing the TR1, which states that if box 11 (a declaration has been entered) has been completed then the transferees must sign.Having spoken to various barristers and solicitors, there does not appear to be a definite answer as to whether it needs to be signed although to me it either has or it has not, there can be no in between. Also surely both transferees would need to convey their wishes to the conveyancing solicitor.

  2. #2
    Join Date
    Mar 2010
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    782

    Default

    I am looking at a modern TR1 form while writing this posting and Section 10 applies to the question of two transferees, not section 11 which is headed "Additional Provisions"

    I can see no note regarding section 10, although I was always under the impression that if section 11 was completed with any form of restrictive covenant that was when the transferees had to sign the deed.

    If section 10 is not competed then a standard Form A restriction will be recorded on the register of title implying that that there is a tenancy in common.

    It is possible to notify Land Registry at any time about any change to a tenancy arrangement between two owners of land.

    When it suited my wife and I to be tenants in common we wrote to Land Registry and an immediate change on the register was made.When we subsequently realised there was no further benefit to that situation we wrote again and were then shown as joint tenants.

    PS,
    I just loaded an earlier TR1 form where section 11 was the one regarding multiple transferees, but I saw no note regarding a compulsion that both transferees sign the deed.

    Are you referring to an old TR1 deed that has a validity in respect of whether there was a tenancy in common rather than a joint tenancy.

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