What is a deed of transfer?
If you're buying, selling, inheriting, or gifting a property, you’ll likely come across something called a deed of transfer. This legal document plays a central role in changing ownership of land or property in the UK. Whether you’re transferring a home between family members or buying from a seller, the process won’t be complete until this deed is signed, witnessed, and registered.
Here's what you need to know about how deeds of transfer work in practice:
- A deed of transfer is the legal document that moves property ownership from one person to another.
- It’s used in sales, gifts, divorces, inheritance, and other changes of ownership.
- TR1 is the most common form for transferring full ownership of registered land.
- The deed must be signed, witnessed, and registered for it to take legal effect.
- If the transfer is not correctly completed or registered, ownership disputes or financial risks may arise.
When is a deed of transfer used?
A deed of transfer is required whenever legal ownership of a property changes. This includes:
- Buying or selling a home.
- Gifting a property to a family member or spouse.
- Divorce or separation settlements.
- Inheritance and probate.
- Adding or removing someone from the ownership record.
What information does a deed of transfer include?
The document typically contains:
- Full names and addresses of the current and new owners.
- The address and title number of the property being transferred.
- Sale price or value (if applicable).
- Details of how the new owners will hold the property (joint tenants or tenants in common).
- Legal declarations and signatures from both parties, plus an independent witness.
Who prepares the deed?
A solicitor or licensed conveyancer usually prepares the deed as part of the legal transfer. They ensure everything is correctly filled out, signed, and submitted to HM Land Registry.
While you can draft and submit the deed yourself, errors or omissions could cause delays or lead to problems proving legal ownership later on.
What happens if the deed isn’t properly completed or registered?
Failing to complete or register a transfer deed properly can lead to serious issues, including:
- Unclear legal ownership: If the deed isn’t registered with HM Land Registry, the property may still legally appear under the previous owner’s name. This can prevent the new owner from proving their rights.
- Delays or problems selling later: Without proper registration, the new owner may struggle to sell the property, get a mortgage, or apply for home equity loans.
- Risk of fraud or double sale: In rare cases, the previous owner could attempt to sell the property again. If another buyer registers their deed first, they may be recognised as the legal owner.
- Legal disputes or title defects: Mistakes in the document — such as incorrect names or missing information — can cause title problems, which may delay or even prevent future transactions.
- Difficulties with inheritance or tax: Unregistered transfers may affect inheritance planning, probate, or tax reporting, making matters more complicated for your beneficiaries or legal representatives.
What forms are used for different types of property transfers?
The type of form you need depends on whether the land is registered, unregistered, or only part of a title is being transferred. Here’s a breakdown of the most common forms:
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Is stamp duty payable?
Stamp Duty Land Tax (SDLT) may be payable depending on the nature and value of the transfer. You may need to pay if:
- Money changes hands.
- The transfer is part of a divorce or buyout.
- You take on a mortgage as part of the transfer.
Certain exemptions may apply for transfers between spouses or for inherited properties. Your solicitor will advise based on your situation.
How is the transfer registered?
The solicitor will send the signed TR1 form, AP1 form, and other required documents to HM Land Registry. Once accepted, the register is updated and the new ownership becomes official.
Registration times vary from a few weeks to several months depending on the property type and workload at Land Registry.
Selling as part of the transfer?
If you’re transferring ownership as part of a probate case, divorce settlement, or because you no longer need the property, we can help make the process easier.
At Habello, we offer:
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- No fees or commissions to pay.
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- Full legal support, including for probate or transfer cases.
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