The transfer of deed - Formalities for the creation or transfer of a legal estate- FS

Question 1

At what stage in a property transaction does legal title transfer from seller to buyer?

Answer 1

Legal title transfers at the completion stage, when the transfer deed is signed and all legal formalities are fulfilled.

Question 2

Under which statute is the requirement for using a deed to transfer or create a legal estate established

Answer 2

The requirement is set out in Section 52(1) of the Law of Property Act 1925, which states that all conveyances of land or any interest therein are void unless made by deed.

Question 3

What are the consequences if a legal estate is transferred using a method other than a deed?

Answer 3

Any attempt to transfer or create a legal estate without a deed is void and has no legal effect under Section 52(1) of the Law of Property Act 1925.

Question 4

What are the five formal requirements for a valid deed under Section 1 of the Law of Property (Miscellaneous Provisions) Act 1989?

Answer 4

A valid deed must:
1. Be in writing,
2. State on its face that it is a deed,
3. Be signed by both parties,
4. Be witnessed by at least one witness, and
5. Be delivered to each party.

Question 5

What is the purpose of stating that a document “is a deed” within the document itself?

Answer 5

Stating that the document “is a deed” clearly indicates the legal intent to execute a formal instrument capable of creating or transferring a legal estate.

Question 6

Is it mandatory to use the TR1 form when executing a transfer of title?

Answer 6

No. Use of the TR1 form is not mandatory. A traditional deed may also be used, provided it satisfies all statutory deed formalities.

Question 7

Why is the TR1 form commonly used in modern conveyancing transactions?

Answer 7

The TR1 form is a standardised transfer deed that, when properly completed, meets the statutory requirements for a valid deed, making it convenient and widely accepted in practice.

Question 8

Who must witness the signing of a valid deed for the transfer of property?

Answer 8

A valid deed must be witnessed by at least one witness. There is no requirement that the witness be a judge or that there be more than one.