Changes of Name, Transmissions, Transfers – what should be used when

There have been a number of situations where practitioners have used the wrong instrument type for the type of action they are trying to complete.

The following are examples to assist with selection of the correct instrument type.

Change of Name (CN)

A Change of Name should only be used if the name recorded on the title:

  • has been misspelt
  • has omitted part of the name (eg one of the given names has been omitted)
  • has been changed by marriage (eg Surname is changing)
  • has been changed by Deed Poll or Change of Name certificate
  • has been changed by a Companies “Name Change” Certificate.

A Change of Name should not be used if:

  • the new name is a completely different person
  • changing a trustee name
  • the company name has been changed by amalgamation (eg Companies Office Amalgamation Certificate)
  • the company no longer exists (eg is struck off).
Transmission (TSM)

A Transmission should be used where:

  • the registered owner is deceased
  • a life tenant dies
  • the last surviving life tenant dies (eg Transmission determining life estate or lease for life should be used)
  • the registered owner is declared bankrupt and their property is vested in the Official Assignee under the Insolvency Act 2006
  • a company is amalgamated with another company under the Companies Act 1993
  • building societies unite or transfer engagements.

A Transmission should not be used where:

  • trustees are removed or retire
  • trustees change for Friendly Societies, Charitable Trusts or Credit Unions.
Transfers (T)

A Transfer should be used if:

  • a person is transferring their interest in a title to another person or entity
  • trustees are removed or retire
  • new trustees are added to a title.

A Transfer should not be used if:

  • the registered owner is deceased
  • if a life tenant or surviving life tenant is deceased.

Please note that a Transfer and Grant of Easement (TE) should only be used if there is a transfer of land as well as the creation of easement. If the land is not being transferred, then the instrument type should be Easement Instrument (EI).

Last Updated: 12 November 2018