transfer into trust

TR1 - #5 Does each trustee need to be named here, and when trustees are added or removed, does the register need to be updated?<br> TR1 - #10 X in box 3: they are to hold the property on trust: for the beneficiaries of a discretionary trust not for themselves alone<br> Would LR expect to see the trust deed wording pasted in here, or just a reference to the existence of a trust deed?<br> &#160;

Annette - panel 5 - whoever the legal ownership is being transferred to needs to be added<br> Panel 10 we don't expect to see the trust deed wording pasted<br> <a href="https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property">Guidance: how to complete form TR1 - GOV.UK</a><br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking&#160;legal representation. Find out about&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">making an application without legal representation</a>.

Good morning,<br> <br> I am preparing&#160; TP1 form with box 3 in Panel 11 ticked and a text is entered referring to a Trust Deed. This Deed has the transferred property as the subject. Is it advisable or required to include a copy of the said Trust Deed with the application?<br> <br> The Trust Deed refers to the transfer of a property, but not to the right-of-way to access the property.<br> Can this right of way be granted, simply by entering the rights granted on the TP1 panel 12, or should there be a separate Deed of Easement lodged and LR enter the relevant details on the register?<br> <br> Many thanks<br> Annette

Good Morning Annette - we can't advise you as to whether it's advisable or not and as for required then our online guidance covers what is required for form TR1 (and TP1) as appropriate -&nbsp;<a href="https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property">Guidance: how to complete form TR1 - GOV.UK</a><br> As for any rights (easements) to be granted/reserved then see our PG 62 for guidance as well -&nbsp;<a href="https://www.gov.uk/government/publications/easements/practice-guide-62-easements">Practice guide 62: easements - GOV.UK</a><br> Rights can be granted/reserved as appropriate in a TP1 or Deed of Grant

many thanks for your response and for sending the link&#160;to the guidance.&#160;<br> The question arose because this applies: <em>&quot;They should place an ‘X’ in the third box if they intend to hold .... or under the terms of a separate existing trust deed or will, and in each case they should also <strong>add the relevant details</strong>.&quot;</em><br> Does<em> &quot;relevant details&quot; </em>mean a way to identify the Trust document or does that refer to the contents of the Trust document?<br> If it means the first, I would just enter the name and date of the deed,<br> but if it means the second, I would need to enter matters relating to the beneficial interest, which are addressed in the Trust Deed, or perhaps use form JO

Annette - again that's very much up to you as to the level of detail you wish to include. You can just go with option 2 instead of 3 but if you go with the latter then stating the details re the trust deed is something that can be done. Whether you then submit a copy of the deed is again up to you but it's not required by us for registration purposes as we don't make a specific note of it on the register

thanks for your quick response.&nbsp;<br> How can I go with option 2 when it is a trust with 3 trustees (including myself) and the beneficial interest is discretionary?<br> <br> I think I will refer to the Trust Deed in the panel. I note there will be a form A restriction.<br> If I die before the trust ends, the other trustees will have to remove my name from the register.&nbsp; Which form will be required for that?<br> <br> The remaining trustees can together end the trust and transfer the title to the beneficiaries when they decide to do so.<br> If the same two remaining trustees also become the beneficial owners, will it be necessary to change the register again? It would just be box 2 instead of box 3 and no more trust, or is that irrelevant to the register?<br> <br> I will be sending an AP1 for the TP1 for the transfer.<br> Is there an additional form and fee payable when the TP1 also has an entry in panel 12 granting a right of way for the transferee over the land retained by the transferor, without sending a separate Deed of Easement?<br> &nbsp;

Annette - option 2 is available if the shares are equal<br> If you are a joint owner then form DJP plus death certificate would be required -&#160;<a href="https://www.gov.uk/government/publications/deceased-joint-proprietor-djp">Deceased joint proprietor (DJP) - GOV.UK</a><br> Our online guidance explains what's required in specific circumstances after an owner dies -&#160;<a href="https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95">HMLR Guide: Start - External &#160;· HM Land Registry</a><br> We don't register beneficial owners<br> There's no additional application for or fee if the TP1 includes an easement&#160;<br> &#160;

Once again, thank you so much for answering my questions.<br> <br> Just so I understand correctly, any entries made on the TP1 panel 12 specifying Definition, Rights granted for the benefit of the property,&#160;Restrictive covenants by the transferee<br> <strong>do not require the inclusion</strong> of the original or a copy of a Deed of Easements and Restrictive Covenants&#160;<br> <strong>nor any reference</strong> to the Deed of Easements and Restrictive Covenants on&#160;the AP1?

Annette - panel 12 would include any new rights/covenants. Not ones that are already registered for example<br> AP1 would only refer to a Deed if there was one you were applying to register&#160;

Sorry, I still don't get it.<br> <br> In this TP1, there will be included in panel 12 a new right/covenant that has never been registered before.<br> <br> Is it necessary to register this new Deed of Right of Way, referred to on the TP1 panel 12, on the accompanying AP1, for the Right of Way to be legal?<br> <br> If the entry in TP1 panel 12 alone is effective (to grant the right) and the registration of the deed that grants the right is merely optional, then I won't include it on the application. But from the way I understand it, does the Deed of right of way not create a disclosable overriding interest, and in order to reduce the number of overriding interests, is it not required for registration?<br> &#160;

Annette - no as you are applying to register the TP1 and everything that's contained within. There is no Deed of Right of Way as the legal deed is the TP1 itself<br> A right that's granted/reserved in a TP is not an OI<br> I would repeat the earlier post with regards seeking legal advice to ensure that what you want to achieve is legal. Then tackle the application to register&#160;<br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking&#160;legal representation. Find out about&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">making an application without legal representation</a>.

ok, that is clear now, many thanks.<br> <br> This forum is the best!