As per LPA S52, the transfer must be effected through a deed to legally transfer the estate in the name of the buyer. It should put into effect the terms of the contract and should hence reflect the terms. The form of the transfer varies depending on the fact that the concerned land is registered, unregistered, freehold, or leasehold.
Registered land
The LRA 2002 deals with rules regarding transfer of registered property. Subject to variations permitted by the Act, the prescribed form of wording should be used. Standard Land Registry Forms can be printed and used in most cases where the transactions are straightforward. But in the case of complex transactions, an individually drafted transfer may have to be used. However, the wordings used in this transfer shall be as close as possible to the prescribed rules.
Unregistered land
In the case of unregistered land, there is no prescribed form of wording for a transfer deed. The buyer is free to choose his own wordings provided that it is approved by the seller and reflects the terms of the contract accurately. On completion, an application for the first registration of title is mandatory; hence it is common for conveyancers to prepare a Land Registry Transfer instead of conventional conveyance.
Photo courtesy: Matt Buck
