Obtain Copy Transfer Deed
Of all the conveyancing deeds the Transfer Deed is probably the most important. This is the device with which real estate is transferred from one owner to another. The Transfer Deed provides the information needed by the Land Registry to create the Title Register, and will provide the ownership details at the time of transfer, the purchase price, details of covenants and more.
Law of Property (Miscellaneous Provisions) Act 1989
In order to comply with this legislation the transfer of a property from one person to another must be effected by deed. Section 1 (2) of the Act states that an instrument shall not be a deed unless it is clear from the instrument itself that it is intended to be a deed, e.g. by describing it as a deed, and also that it is executed as a deed by the person creating it.
Accordingly, the contract signed by the parties is not sufficient to transfer the property, and this is not therefore sent to the Land Registry. The Transfer Deed is created from the contract, and upon registration the Title Register is created from the Transfer Deed.
Contents of Transfer Deed
The names and addresses of the Transferor (the Vendor) and the Transferee (the Purchaser) are provided. Older transfers usually have a backsheet attached, which bears the names and addresses the party's solicitors.
Details of the property being transferred are provided, and if the property is already registered, its Title Number.
The consideration is provided. This is the sum of money for which the property is being purchased. If money is not to be exchanged then details of any other consideration must be provided.
The Transfer Deed must contain a statement that it is sold either with full title guarantee or limited title guarantee. The property is normally sold with full title guarantee, which means that the purchaser can sue the seller for breach of title guarantee should the need arise.
Full title guarantee implies the following covenants:
- That the seller has the right to sell the property.
- That he will do all he can, at his own expense, to give the purchaser the title he is selling.
- That the seller is selling all of his interest in the property (unless it is a sale of part).
- That the property being sold is the freehold, unless the transfer states that it is leasehold.
- That the property is being sold free from all known charges, such as mortgages.
Only the first 4 of the above covenants are not implied with limited title guarantee. The fifth one is different in so far as the seller covenants that he has not charged or encumbered the property, and is not aware that anyone else has done so since he obtained the property. The covenant does not stretch further back to previous owners.
Limited title guarantee is more likely to be the case where the seller is a trustee, personal representative or mortgagee in possession. Where a seller cannot prove a good title to the property he may be obliged to sell with no title guarantee, e.g. as with a liquidator.
Declaration of Trust
Where there is more than one buyer the ownership will be a Trust Ownership. Details of the type of Trust must be provided in the Transfer Deed. This is usually a declaration that the property will be held by them as beneficial joint tenants. However, if they wish to declare the property to be held by them as tenants in common they must say so and state whether their ownerships are to be in equal shares or otherwise.
For Further information relating to ownership by Joint Tenants and Tenants in Common please see our article "Difference between Joint Tenancy and Tenancy in Common".
Other provisions such as restrictive covenants or declarations should also be provided.
Execution as a Deed
The Transfer Deed must be executed by the Transferor (seller) as a Deed. If there is more than one Transferee (purchaser) each must also sign as a Deed.
In modern times the Transfer Deed is provided as Land Registry form TR1, if it is the sale of the whole of a property, or form TP1 if it is the sale of part only.
Obtaining Copies of the Transfer Deed
To obtain a copy of the Transfer Deed, or any other Deed, please use our Conveyancing Deeds Search.
Conveyancing Deeds Search