I am the personal representative of a deceased owner of unregistered land. Do I need to do anything?
We cannot register a deceased person as owner of land or property.
If you are the personal representative of either a deceased sole owner, or the last surviving joint owner, you will either:
- assent the land or property to the beneficiary under the will or if there is no will, under the intestacy rules,or
- transfer the land or property to someone else.
In both cases the land or property will have to be registered with us for the first time, as both trigger compulsory registration.
Note: If you intend to sell the land or property then the purchaser or their conveyancer will complete the application for first registration.
There is a fee payable for this service.
If the deceased is a joint owner, and at least one other joint owner is still living, this does not trigger compulsory registration and you do not need to involve us, but the land or property can be registered voluntarily.
There is a reduced fee payable for this service.
Under our advisory policy we can give you factual information and procedural advice about how the land registration system works and how to make an application, but we cannot provide legal advice. In view of the complexities of the law in relation to this matter you may wish to seek legal advice.
See full details of our advisory policy.