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).