Transfer property ownership: if my name isn't on the Land Registry deeds, do I really own my flat?

I recently bought my mother's flat but her name is still on the Land Registry documents. Am I the legal owner?
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Piers King10 March 2020

Question: I recently bought my mother’s flat and the money is in her account but it’s still her name on the Land Registry.

Am I the legal owner?

Answer: You are not the legal owner until your name is registered at the Land Registry.

As a result of paying some money to your mother, you will have a so-called beneficial interest in the property (not a legal interest).

This means that while you may have certain rights, you cannot make the decision to transfer or mortgage the property.

In order to transfer the legal title to a property, both the seller and the purchaser must sign a transfer deed which is then submitted to the Land Registry.

This process is usually undertaken by a solicitor acting for the purchaser.

There may be other matters registered on the title at the Land Registry which prevent the transfer from registering immediately.

These can include the presence of a mortgage on the title or another form of restriction, such as where a certificate from the landlord is required in order to register a new owner.

Where the money you have paid to your mother is above the relevant threshold, you will also have to submit a stamp duty land tax return with the registration.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Piers King, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE.

Questions cannot be answered individually, but we will try to feature them here.

Piers King is a solicitor in the property department of Streathers Solicitors LLP.

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