Land transfer - who does what ?

M

MunsterM

Guest
Hello,

my father is going to gift me a site. He says we just need to go to a solictor and all will be sorted out. Is this correct ?
I thought the property would have to be marked on map for the land registry - who does that ?
Also, he says I don't need a solicitor myself - we'll both use the same one.
Is this the norm ?

Thanks,

M
 
Yes - there is quite a bit of effort involved. One person generally drives it - I suggest that that should be you as you are getting the benefit.

One solicitor can do it for both of you. Solicitor needs to establish that your father has title to the land and authority to transfer. Is your mother still alive and is she on the title? She will have to join in the Deed.

Solicitor will advise on taxation issues - there is an exemption from CAT and CGT on transfers of sites that may apply to you. The site should be clearly marked and identified. That can be done on an OS or Land Registry map.

Perhaps talk to the solicitor in general terms and ask for a general indication of fees.

mf
 
Munsterm,
you are taking the right approach, don't allow this to become a casual arrangement just because its "family". Brainstorm all your quaestion on a hitlist & direct them to the solicitor, thats what ye are paying him for. Marking out the site is very important & it should be accurately reflected on the land register map, don't play the fool, this can get messy in the future (siblings, next generation contestiing etc.) if not handled professionally. Make your solicitor work for you.
 
Many thanks mf and Gerald.
I've already checked the tax situation and believe that there will be no liabaility for tax, but I will get solictor to check - as you say that's what I'm paying him for.
Dad's the old school type - doesn't like people knowing his business, but I've seen the problems that can follow generations later as result of this approach.

Thanks again,

M
 
I have just done the same thing - solicitor handles most of it.
I had to give the solicitor a certified ordinance survey map with the site marked out on it which the architect did for me. The solicitor will then register it with Land Registry.
It is actually quite straightforward but yes, make sure the site is marked out properly to begin with.
Find a good solicitor who knows his stuff - I was talking to one guy & he hadnt a clue & couldnt answer any of my questions. I then went with another who could answer straight away (or if needed to clarify something got back to me within the day)....and this was before I even engaged him..........think will be staying with him from now on.
 
depends on clarity of title, if your father has all the paperwork.

If you use his solicitor and if his solicitor is 'hiding something' then it could take years, maybe get your own solicitor instead to hustle your fathers solicitor.

Has your father ever seen his deeds in person ?? If he has then you could propably go with his solicitor as they are present and correct .
 
I'm in a similar situation; so apologies for hopping on this thread.
Let me know if I should open a new one.

I'm buying the site off my Dad..for a considerably reduced some (40% of the going rate).
Will either of us have to pay any form of tax.. CGT, CAT etc?
I'm quite green about it.
 
Hi,

Just a point to make. Presuming that you are going to build a house on this site and that you will need a mortgage on it, it might be wise to hold off on the transfer for a bit.

As far as I know, you will have to pay solicitor and Registry fees to tranfers the site to your name, you will then have to pay the same fees again to have the Mortgage Company on the Deeds as well - so if you wait to do both at once you only pay one set of fess - this could save you €500 plus.

There is no need to have a site in your name to apply for planning permission or a mortgage.

Browser
 
"Presuming that you are going to build a house on this site and that you will need a mortgage on it, it might be wise to hold off on the transfer for a bit."


Reasons to do it now.

1. Bird in the hand - its sorted. You don't know what complicating factors may come into play.
2. It depends on when OP may build - if reasonably imminent, fine. If a year or so down the line - see above.

mf
 
all he needs for the bank is FPP and a letter of intent from the owner to sell at price €xx subject to FPP , he need not transfer right now is right .
 
"all he needs for the bank is FPP and a letter of intent from the owner to sell at price €xx subject to FPP , he need not transfer right now is right"


Its a voluntary transfer. Value is value as at date of transfer. He does not need to do it now - he can do it whenever he likes. There are pros and cons.

mf
 
I was sure that the OP originally said 40% is to be paid for , if not I am wrong and its a gift in full.
 
Doesnt take long.......couple of weeks to get deeds from bank & then it was just a matter of us going in & signing stuff.

If applying for pp you need to be fairly sure you are going to get it before t/f the land.........I was fairly sure & got land t/f'd but now its not looking as likely that I will actually get pp. Going to fight it all the way but I may just end up with 1 acre of land that I can do nothing with.
 
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