• Fail To File TR1

    By Guest on 07th Nov 2014

    If the property owner signs a TR1 but fails to file it at the land registry,then dies and bequeaths the house to a different person in her will, which document takes precedence?

  • 1 Answers

    By Guest on 30/12/2014

    This is a difficult question and depends on the circumstances. Firstly, to be valid a deed must be "delivered as a deed" (s1 Law of Property (Miscellaneous Provisions) Act 1989) so if it was signed by the owner but then not given to the transferee it was not valid. Second, if it was delivered, was any consideration (money or money's worth) paid by the incoming owner? If so then it might be that the deceased's executors hold the property on trust for the transferee but this is a difficult area and specialist advice must be sought. Next, has the property since been sold? A purchaser for value from the registered proprietor (or his executors) with no knowledge of any other interest is entitled to take free of any other interest, though the original transferee may be entitled to compensation from the estate.

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