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Posted Wed, 05 Mar 2025 16:03:45 GMT by Tim Christmas
My brother and I are inheriting my mother's freehold semi-detached house and garden as she passed away last year. She made no will. She was sole owner, inheriting the house from my father when he passed away in 1993. The house and plot are clearly marked on the Ordinance Survey map. The house is not registered with Land Registry. I have received letters of administration form HMCTS Probate. My brother and I would like to register ownership of the property as tenants in common. And then he may buy my share. I think the Land Registry forms that I need to complete are:
K15 form - Land Charges search for all previous owners since 1925
FR1 form - Application for first registration
DL form – to list documents sent to Land Registry
AS1 form – Assent of whole of registered title by personal representatives
ID1 form – Certificate of Identity
Are these the right forms?
Am I making a voluntary registration for the purpose of fees?
When using K15 for what names should I search?


 
Posted Wed, 05 Mar 2025 16:57:41 GMT by Adam Hookway
Tim - the general guidance you need is provided in PG 1 - Practice guide 1: first registrations - GOV.UK
The forms you refer to would be the correct ones to use and PG 1 explains which names are to be searched with Land Charges
One thing you need to confirm is did your Mother actually transfer the legal ownership to herself or did she just inherit thinking she was now the legal owner. Inheritance doesn't transfer the legal ownership so if she did nothing then the property still forms part of her Father's estate and that has to be dealt with/considered also
If you are transferring the ownership now then it is a compulsory, not voluntary, first registration 
Posted Mon, 10 Mar 2025 13:48:55 GMT by Tim Christmas
My mother did not transfer legal ownership of my father's house to herself. The house is still part of my father's estate. My mother didn't make a will so the 'chain of representation' is broken. I will apply to HMCTS Probate for a 'grant of administration de bonis non'. How does this affect registering the house for the first time with Land Registry? Which forms will be needed?
 
Posted Mon, 10 Mar 2025 13:50:45 GMT by Adam Hookway
Tim - noted but minimal impact. Same forms re FR1/DL etc as mentioned in first post. 
Posted Mon, 10 Mar 2025 15:32:58 GMT by Tim Christmas
If my brother buys my 50% share of the house for money, instead of sending you Form AS1 'Assent of whole of registered title by personal representative', should I send you Form TP1 'Transfer of part of registered title', or Form TR1 'Transfer of whole of registered title'? 
I think the Land Registry forms that I need to complete are:
K15 form - Land Charges search for all previous owners since 1925
FR1 form - Application for first registration
DL form – to list documents sent to Land Registry
TP1 form - Transfer of part of registered title
ID1 form – Certificate of Identity
Are these the right forms? Are there any other forms I need to send?
Posted Tue, 11 Mar 2025 07:23:07 GMT by Adam Hookway
Tim - No as you can't transfer a share of the legal ownership. Form TP1 is for transferring an actual part of the property such as the garden. 
Posted Tue, 11 Mar 2025 08:41:42 GMT by Tim Christmas
Would it be Form TR1 then?

Your webpage 'Transfer unregistered land or property to the beneficiary after the death of a sole owner'

https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=4ca13e07-9982-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

If beneficiaries are buying others out, then our form TR1 is required in place of form AS1 ‘
 
Posted Tue, 11 Mar 2025 08:48:05 GMT by Adam Hookway
Tim - correct if there's beneficiary buying out another then form TR1 can be used instead of form AS1

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