Transfer of site

M

misspiggy

Registered User
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Hello all
My brother now owns the family farm (my father transferred it to him when he retired). I am now getting a site to build on from my brother. My husband and I are going to build on it. The solicitor has quoted €500 to do the land transfer etc. Does this sound reasonable?
Also the transfer will be in to my name alone - will this pose a problem when my husband and I want to get a mortage - i.e. will it matter that the site is only in my name?
Lastly, I have yet to change my name to my husbands. I will probably change it in a few years when we have children, will this pose any problems with the land ownership?
Thanks
 
Have you asked your solicitor for an itemised account of what he/she is going to do for the €500? Does this include Land Registry fees, ordnance survey map fees, etc. If not, €500 seems a lot just to notarise a transfer agreement.
 
Vonga said:
Have you asked your solicitor for an itemised account of what he/she is going to do for the €500? Does this include Land Registry fees, ordnance survey map fees, etc. If not, €500 seems a lot just to notarise a transfer agreement.
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I think that Vonga may not be in Ireland. We don't 'notarise a transfer agreement' in Ireland.

For a site transfer, I rather suspect that the solicitor has actually quoted a fee of €500 plus VAT plus outlay. The outlay will consist of Land Registry fees of €145 and other miscellaneous outlays of circa €50-€120. I doubt that any solicitor would do it for €500 'all-in'.

There will be stamp duty on the transfer deed if it is from a brother.

There is no problem about subsequently putting the property into joint names if a mortgage lender requires this. There are certain CAT ( gift tax) issues to deal with, but there is no great difficulty with this.

For the stage payment\self build mortgage there will be further legal fees and outlays. These can be quite variable. It would be useful to discuss these with the solicitor now, as it is not terribly practical to use one solicitor for the site transfer and a different one for the mortgage ( so get all costs agreed now to the max extent possible).
 
The solicitor has quoted €500 plus vat for "his costs".
Then he says there will be a further €870 government fees - this is made up of stamp duty (1.5% of the value of the site which is €30,000) i.e. €450, land registry fee of €250, €25 for a new folio map, €20 for the commissioner of oaths and €125 (something to do with a mortage? not exactly sure what this is). Does all that sound right? Thanks for the replies
 
As I stated in my post the site value is €30,000! As also stated I know what the stamp duty is - 1.5% of €30,000 which is €450
 
The €125 is the Land Registry fee on a mortgage - perhaps you are already mortgage approved and the solicitor has the loan pack?.

I can't believe that the solicitor will not be also charging a professional fee for the mortgage itself ( stage payment mortgages are a time consuming drain on a solicitor's time). Double check this aspect
 
Haven't got a mortage yet - we will not be starting to build for at least 1 year. And to be honest we might try and do it without a mortage or with a relatively small loan.
I think he's just making me aware of the €125, don't think we'll be paying it at this stage.
Does all the rest sound ok?
Thanks
 
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