Property Transfer

[BRIGHT SPARK]

Can someone transfer the ownership of a mortgage free property to someone else without that persons knowledge?

[Peter Pedant]

clearly the normal was is by deed ..... which both persons sign - with witnesses.

So as in intellectual exercise - A wakes up and finds Blackacre is now in his name, how was it done ?

Inheritance - A could be the beneficiary of B's will and when probate is granted, A becomes the owner of Blackacre - this could happen when one of the beneficiaries is so gormless they didnt check on what B owned when they were alive ( families are like that I am speaking from experience ) so there inheritance comes as a surprise.

Trust: A is the beneficiary of a trust and the trustees secure Blackacre and then the trust is dissolved. ter -daaah A will become the owner of Balckacre.

or

one of the parents has bought Blackacre in A's name ? Trust again really


One of the lawyers may be able to fill in other ways.


Let me guess: there is now a charge on Blackacre, and A who lived a blameless life not really concentrating on things is now saying 'Me No No - definitely no ! No taxes ! certainly not ! "

[buildersmate]

Legal property transfer requires the signing of a transfer deed by both parties to the transaction and the witnessing of the signing. This document is then lodged with the Land Registry by the buyer, who update their master records accordingly.

The LR will query the signed document if it doesn't seem to have by properly authorised by all the parties who are current legally-registered proprietors.

That's in England & Wales at least - can't see why the provinces should be any different.

[BRIGHT SPARK]

PP and BM ...thanks for the input..I could not believe that the transfer could be completed without a least one signature for LR requirements.

[Peter Pedant]

You can ring the LR - they are quite helpful.
They gave good value when the Assets Recovery Agency told me they believed that the property I had acquired had been effected unlawfully (so it was theirs and not mine).

The other thing is that inherited property - we operated my father's landholding without any interference from the authorities for thirty or forty years - and we took title without any problem when it came time to sell even tho me father had been dead for thirty years and my mother five or six so clearly no signatures from them ! [clearly there were signed wills knocking around)

I think first things first - you need to scrutinise signatures on the transfer document. People do forget signing things. (oh God dont get me onto that subject)