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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice.
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I need to change the Trustees on the Land Registry on a property

Customer Question

I need to change the Trustees on the Land Registry on a property that I own? One of the trustees is a solicitor the other is myself. The solicitors company have now taken since Feb 2013 to do this, and still it has not been achieved. I have spoken to the Land Registry dept. who have told me which forms to fill in. The property is leasehold.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

 

What are the details of the trust please?

 

Why do you want to change the trustees?

 

Will they agree?

 

Do you know the cause of the delay?

 

 

Customer: replied 3 years ago.

It is my late fathers will trust where a property has been left to me in trust until the death of my stepmother who resides in a nursing home due to a stroke.


The solicitor suggested that he relinquishs this responsibility, and for my two children (over 30) to become Trustees. Yes the solicitor is in agreement with this change of Trustees.


I think the delay is that the property is leasehold, and the holder of the freehold (the builder) has to agree the change. Although the Land Registry tell me he thinks we should go ahead and complete the necessary forms (AP1 AND tr1) Also I think the solicitor's company are not actioning this quick enough.

Expert:  Remus2004 replied 3 years ago.
Thank you.

Can I presume there is no mortgage on the property?

The solicitor needs to sign a deed of resignation and also the remaining trustees need to sign a deed of appointment in respect of the new trustees

Once you have those, then if you want to do this yourself, you need forms TR1 and AP1 and ID1. ID1 will need a photograph certifying by a solicitor as a true likeness of you.

If there is a restriction on the property title deeds, whereby the freeholder has to consent to the transfer, you are going to have to get the freeholder to sign a simple letter agreeing to the transfer.

Although it can be done by a formal deed, it can be done by a letter as well.

Can I clarify anything for you?

Jo

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