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Completing forms AP1 and AS1 for the assent of a registered property

Use of these notes

These notes are intended to help you complete an assent of registered property using Land Registry form AS1 (PDF, 50KB) and application form AP1. They expand on some areas of the information given in Public Guide 9 - What to do when a land owner dies.

Please refer to our office finder to find out which Land Registry office will deal with your application.

Copies of the forms and Public Guides referred to in these notes are available on this website.

In these notes, we assume that you are not a professional conveyancer

Before you complete form AS1

Introduction

There is no requirement on the part of Land Registry that you use a solicitor or other legal adviser to complete an application and send it to us. However, please remember that although we can assist you in the completion of the clerical aspects of the form, we are not able to offer you legal advice.

Sometimes, particularly if there is a mortgage involved against any of the deceased’s property titles, the lender may insist that you use a solicitor or licensed conveyancer.

When a landowner dies, the Probate Registry will confirm the appointment of people entitled to deal with the estate. They are called executors if the deceased left a valid will, or administrators if there is no valid will. The evidence of the appointment of the executors will be contained in the probate, and of the administrators in letters of administration. In our form AS1 and these notes we use the collective term personal representative to describe either an executor or administrator, and the term transferee to describe the beneficiary. A transfer by personal representative to a beneficiary is called an assent.

You can obtain general information about wills and probate from the Court Service's website at www.courtservice.gov.uk/cms/wills.htm

For more general information on how Land Registry holds records relating to land, please refer to Public Guide 1 - A guide to the information we keep and how you can obtain it.

When can I use form AS1?

You should use form AS1(PDF, 50KB) to assent, i.e. transfer, the whole of one or more registered titles to the beneficiary or beneficiaries.

If form AS1 is not appropriate in your particular circumstances, you may need to use one of the following forms:

  • form AS2 – assent of a charge (mortgage) (i.e. where the deceased was a lender);
  • form AS3 – assent of part of one or more registered titles;
  • form TR1 – sale of the whole of one or more registered titles;
  • form TP1 – sale of part of one or more registered titles.

What do I need to consider before I complete the form?

What property did the deceased own?

Please see section 1 of Public Guide 9 - What to do when a land owner dies.

As mentioned in Public Guide 9, you may find that you are not certain of what properties the deceased owned. As personal representative of the deceased, you can find out this information by making a search in the Index of Proprietors' Names.

If you feel that you need to carry out this search, particularly if you think that the deceased may have owned a number of properties, please contact us and we will explain the procedure you need to follow. Please be aware that there is a fee to search the Index of Proprietors' Names.

Is the land registered?

This is important because it makes a difference to the other information you need to send us with the form AS1. If you do not know whether the property is registered, you will need to either:

  • use our online Find a property service or
  • carry out a search of the index map. You should do this by completing and sending form SIM to the Land Registry office responsible for the property you are dealing with.

For further information, please see section 2.5 of Public Guide 1.

Is there anything on the register I need to consider?

Assuming the property is registered, we advise you to:

  • view or download a copy of the register using our online Find a property service or
  • get an up to date official copy of the register. You can do this by sending form OC1 to the Land Registry office responsible for the property you are dealing with. For information about form OC1, see section 2.7 of Public Guide 1.

There may be entries on the register that you will have to consider before you can complete the transfer of the property. These may include:

Restriction: an entry requiring the consent of someone before a particular dealing with the property can take place.

Unilateral Notice/Caution: you may need to apply for their cancellation or removal before you would want to go ahead with the transfer.

Leasehold land: if your property is leasehold, there is usually a clause in the lease requiring the landlord to give his consent, or at least to be informed.

Mortgaged land: similarly, if the land is mortgaged you normally need to get the consent of the lender if you want to transfer it subject to an existing mortgage. Alternatively, if you are paying off the loan, you will need to get evidence of the discharge of mortgage and your lender will be able to advise you on this.

Please note that this is not a full list of the entries appearing on the register that you may need to consider before transferring the property. It is important that you consider every entry on the register and obtain any evidence that may be needed in relation to it. If you do not do this before you send in the application, your application may be delayed while we contact you to resolve any problems.

Is there any other matter I need to consider?

There are many other matters which do not concern Land Registry, and which may not prevent us from completing your application, but may be very important to you. These may include, for example the taxation implications of the assent or transfer of the property.

What other forms do I need to send?

Please see section 3.2 of Public Guide 9 - What to do when a land owner dies.

If the property is not currently registered at Land Registry, you should consult Public Guide 13 - Applications for first registration made by an owner in person.

Where do I send my application?

You must send your application to the Land Registry office dealing with the area in which the property is located. See section 1 - Use of these notes above. Sending the application to the wrong office will cause it to be delayed.

Stamp Duty Land Tax

Normally SDLT evidence is not required. However, if the person acquiring the property gives a consideration of £40,000 or more for it, other than where they assume responsibility for a secured debt, a Land Transaction Return certificate in form SDLT5 will be required.

If you are unsure if your transfer requires a Land Transaction Return certificate, please contact HM Revenue and Customs enquiry line on 0300 200 3510 for advice, or on-line at www.inlandrevenue.gov.uk/so.

Where can I get further advice?

To obtain further assistance or information, you can:

While we are happy to give general information about completing the form and our requirements to deal with various entries on the register, we cannot give detailed legal advice. In such circumstances we strongly urge you to seek professional legal advice before going ahead with the assent.

We also publish the following guides, which you may find helpful:

Contact details and Land Registry guides can be viewed or downloaded from our website in English or Welsh.

Details of Land Registry offices, telephone numbers and opening times can be found under the Contact us menu on our website under Offices.

Form AS1 – how to complete

The completion of many of the panels will be easier if you have an official copy of the register to hand when completing the form.

Panel 1 Title number

Insert the title number(s) of the land that you are going to assent (this number appears at the top of the first page of an official copy of the register – see section 2.3.3 - Is there anything on the register I need to consider? above). You can use the one form for more than one title number. If the land is not registered and you are applying for first registration of the property, leave this panel blank.

Use of this form will result in the change of ownership of all the land in the title. If you only intend to assent part of the land in the title, you should not use this form.

Panel 2 Property

Insert a brief description of the land that you intend to assent. If the land is registered you will find this at the beginning of the Property Register as shown on the official copy of the register and will normally be the postal address (if there is one).

Panel 3 Date

Insert the date when the assent was executed in this panel (see Panel 12 Execution below). Do not do this until after the assent has been executed.

Panel 4 Name of deceased proprietor

Write here the full names (including all middle names) of the person or persons who died. Do not include such titles as “Mr” or “Mrs”. However, if they had any other title, please include it.

If the information you put in this box does not match the ownership details that appear in the Property Register of the registered title(s), you will need to supply us with evidence as to why this is not so. For example, this might be a deed poll or marriage certificate in order to account for why the deceased’s name had changed.

Panel 5 Personal representative of deceased proprietor

Insert the full names of the person(s) appointed by the grant of probate/letters of administration.

If the transferee is a company you will need to complete the additional questions in the panel.

Panel 6 Transferee

Write the full name of the transferee(s) (beneficiary). This is frequently the same person as the personal representative, and this is perfectly acceptable. Land Registry is not obliged to check that the personal representative is acting in accordance with any will. By law, we must assume that they are fulfilling their legal obligations.

If the transferee is a company you will need to complete the additional questions in the panel.

Panel 7 Transferee’s address for service. Each transferee needs to supply us with a correspondence address, which must be a postal address in the UK or abroad. Please remember to include any postcode or overseas equivalent. You may also supply up to 2 other addresses for each transferee which may be a postal, email, box number or UK document exchange address.

Keeping your address up to date is very important because we may have to send important notices which could affect your rights.

If you require further information about the type of addresses we accept for entry on the register, and how you can change these addresses in the future, please see Public Guide 2 - Keeping your address for service up to date.

Panel 8 Assent

This statement is appropriate in all cases; do not add to, or otherwise amend it.

Panel 9 Title guarantees

In providing these guarantees the transferor(s), i.e. the personal representative(s), give certain binding promises about the title to the land. There are two types, though either may be modified. These guarantees impose obligations, which will continue to bind the owner even after completion of the assent. This area is complex and if you have any doubts we recommend you seek advice from a solicitor or other legal adviser. Land Registry cannot provide you with legal advice.

Full Title Guarantee - The transferor(s) guarantee, to the best of their knowledge, that there are no financial charges/encumbrances (e.g. mortgages) or other third party interests (e.g. rights of way/leases) which affect the land other than those already revealed to the transferee(s).

Limited Title Guarantee - As its name implies, limited title guarantee is a more restricted set of promises by the transferor(s). This guarantees that the transferor(s) have not themselves created, or allowed to be created any charge, encumbrance, or third party interest, which still exists at the date of the assent.

It is often the case that the personal representative is unable to give more than a limited title guarantee because it is less easy for them to know what interests the deceased had created.

Panel 10 Declaration of trust

This panel should be completed if there is more than one transferee.

Joint ownership is a difficult area of the law. It can lead to disputes when a joint owner dies or the relationship between joint owners breaks down. Recording the joint owners’ intentions in panel 10 of the transfer or in a separate form JO (PDF, 45KB) (discussed below) may help to avoid such disputes later on. However, this is only a starting point, as the joint owners’ intentions may change over time.

If there is more than one transferee, as joint owners they will automatically hold the property on a trust of land for themselves and /or anybody else who has a beneficial interest in the land. 

Joint owners can hold their beneficial interest in the land as joint tenants or as tenants in common.

Beneficial joint tenants do not own specific shares in the property.  If one of them dies their interest passes automatically to the surviving beneficial joint tenant(s) even if they have made a will leaving it to someone else.

Beneficial tenants in common own specific shares in the property, which may be equal or unequal and they can leave their share to someone else in their will.

Unless it is clear, at the time of acquisition, that the joint transferees intend to hold the beneficial interest on trust for themselves alone as joint tenants, we have a duty to enter a restriction in Form A on the register. The effect of this restriction is that we will not register a sale or mortgage of the property unless there are at least two registered proprietors, as trustees to jointly receive the sale or mortgage monies. This means the last survivor of tenants in common is not permitted to sell the property without proving that the trust has come to an end or appointing a new co-trustee.

If the joint transferees intend to hold the property on trust for themselves alone as joint tenants, they should place an ‘X’ in the first box. Alternatively, if they intend to hold the beneficial interest as tenants in common in equal shares, they should place an ‘X’ in the second box. They should place an ‘X’ in the third box if they intend to hold it in unequal shares, or for themselves and others (whether in equal or unequal shares), or under the terms of a separate existing trust deed or will, and in each case they should also add the relevant details.

As an alternative to completing this panel you may use the trust information form JO (PDF, 45KB) which is available to download from our website. Form JO contains the same options as panel 10 but is designed as a separate form in order to assist in providing the relevant information and ensuring that each joint transferee signs a declaration of trust (see panel 12 below.) If the declaration of the trust on which the transferees will be holding the property is already contained in a separate deed or will, a conveyancer may include details of it in, and sign, the form JO instead of the transferees.

If neither panel 10 of the transfer nor a form JO are completed and lodged with the application to register a transfer to joint transferees, we will enter a Form A restriction by default.

Please also refer to our Public Guide 18 – Joint property ownership for further information.

If you have any doubts about what is required you should seek professional advice before you proceed.

Panel 11 Additional provisions

Sometimes there are covenants or agreements between the transferor(s) and transferee(s). This is where you should enter the details. You may wish to seek legal advice as such covenants or agreements are binding on the person(s) who gives them even after completion of the transfer.

Panel 12 Execution

All the transferors must execute (legally sign) the deed, using the following words:


Signed as a deed by (full name of personal representative)                                    (signature)

In the presence of:                                                 (signature of witness)

(print name and address of witness)

 

If panels 10 or 11 have been completed then the transferees must sign also.

The witness should be independent, and preferably someone who knows you well and could confirm you did sign the deed if necessary. One person may witness more than one signature but must sign and complete the details below every signature witnessed.

There are different requirements if the assent is being signed by an attorney or company, or at the direction of the transferor. Contact us for the form of wording in those circumstances.

Application form AP1 – how to complete

Once you have completed the form AS1 you will then need to complete application form AP1. Details of how to complete each panel are set out below. There is no need to send a covering letter.

The notes below assume the person sending the application to us is not a professional conveyancer.

Panel 1 Local authority area serving the property

Write here the council you pay your council tax to. This will be either:

  • county borough;
  • a unitary authority;
  • a London borough; or
  • a district council.

Panel 2 Title number(s)

Write here the title number(s) entered in panel 1 of the form AS1.

Panel 3 This application affects

As these notes deal with assent of the whole of the land in a title, you will need to tick the first box.

Panel 4 Application, priority and fees

List here the applications you are making (e.g. discharge of mortgage, assent), inserting one on each line. Under the value column you will need to enter how much is being paid for the property (if anything). If it is a transfer by way of gift or assent, then enter how much the property is worth. In this case you do not need to get a professional valuation, we accept a valuation by anyone given in good faith. You can ring Customer Support on 0844 892 1111 to find out the correct fee to pay.

Tick the box for payment by cheque or postal order (the other option is for those with a direct debit arrangement with Land Registry). Make cheques payable to "Land Registry".

Panel 5 Documents lodged

List all the documents you are sending to us. For a case of a simple assent with nothing else involved, you will need to send us the form AS1 together with evidence of how the personal representative has been appointed. This will be either the original or an official copy of the probate or letters of administration. We will return the original documents to you after we complete the registration, providing you have supplied certified or official copies.

If you are sending additional documents, please list them as separate documents.

Panel 6 The applicant

Write here the name of the person(s) who is/are actually applying to change the register.

Panel 7 Application lodged by

Write here your name (if different from the applicant named in panel 6) and address and add phone/fax/email details if you have them.  Only quote an email address if you are happy for us to contact you by this means.

We will deal only with the person named in panel 7 of the application form. If the application contains any request to raise requisitions or issue documents on completion to a third party the request will be refused.

Panel 8 Third party notification

You only need to complete this panel if you want us to notify a third party that the application has been completed.

Panel 9 Address for service

As you have already put the address for service in panel 7 of the form AS1, you only need to tick the second box.

Panel 10 New charges

You will not need to fill out this panel unless you are registering a new mortgage.

Panel 11 Disclosable overriding interests

These are certain interests that you need to tell us about if they affect you. Please contact one of our Land Registry offices as indicated above in section 2.7 Where can I get further advice? if you are uncertain whether you need to reveal any of the types of interests below.

Disclosable overriding interests include (but are not limited to):

  • leases for 1-7 years;
  • interests of people in actual occupation;
  • customary rights;
  • coal mining;
  • franchises;
  • manorial rights;
  • crown rents;
  • payments in lieu of tithes;
  • liability to repair the chancel of a church;
  • certain easements;
  • rights relating to embankments and or sea/river walls; and
  • profits a prendre.

Panels 12 – 14 Evidence of identity

You will need to complete these panels if you are assenting the property to someone other than yourself.

In panel 12 select the second option

Leave panel 13 blank.

In the left hand column of panel 14(1) write the names of each beneficiary to whom the property is being assented. In the right hand column you will need to give the name and address of any conveyancer who acts for them.  If they are not legally represented write “none”.  You do not have to list the personal representative who is assenting the property.

If any beneficiary is not legally represented you will need to complete panel 14(2).  This will mean they will have to complete identity form ID1 or ID2 and enclose it with the application. See Public Guide 20 – Evidence of Identity: Non-conveyancers for more information. 

You will also need to complete panel 14(2) and submit form ID1 or ID2 for the applicant named in panel 6 of the AP1, if they are not one of the parties to the Assent (panels 5 and 6 of the AS1).

Panel 15 Signature

The applicant in panel 6 should sign the form where it says 'applicant' and insert the date.

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