Yet another question to the assembled experts ...
How easy/hard is it to DIY the legal formalities to give part of a
non-mortgaged house to a relative? My brother has just been quoted £450
+VAT and that seems a bit steep.
I am purchasing a small piece of land from my neighbour which has its
own title number at the land reistry. I intend to register this at the
land registry (and Inland Revenue) myself but have got slightly stuck!!
The vendor's soliciter is quite happy for me to do my own conveyancing
but can not act jointly as the value is a bit too much. He has however
asked me to supply him with a "Transfer Deed" for his inspection but I
can not find an example anywhere (I assume it is not the same thing as
a Land Regisrty TR1 which I understand I will also have to execute
Can anyone help with the text required for a straight forward "Transfer
It sounds as though you may have skipped a number of stages in the usual
process. Many of them aren't strictly necessary, but it's best to know
what they are so you know what assumptions you've made and what risks
you're taking. For instance, have you done local authority searches,
examined the Land Registry entries (OC1 - do it online), and exchanged
contracts? Normally you would then do the bankruptcy search, send off
OS1 (official search with priority) and finally you, as buyer, would
complete TR1 with any special covenants etc you've agreed) and send a
draft to the vendor's solicitor with your requisitions.
Bradshaw's book "House Buying, Selling, and Conveyancing" covers all
this quite well, and so does the "Which?" book for straightforward
registered property. If you've not done it before, I really would
recommend you get, and follow, one of these books. If nothing else it
will stop the vendor's solicitor taking the wossname.
Best of luck with it: I'm in the middle of my ninth bit of conveyancing,
and it's very satisfying when it all goes through.
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Thanks for your reply. We own all the surrounding land already and are
aware of the local search results (no problems there!). Have done the
Land Registry office copies entries OC1. We have agreed to go directly
to transfer rather than the usual exchange/completion route.
A couple of further questions please -
1) Are you actually sayng that TR1 is the only deed of transfer that is
likely to be required and that I can submit a draft to the vendor's
2) Can you advise when to do the OS1 with protection as I understand
that it is only valied for 30 days and preumably during that time I
need to obtain a certificate from the Inland Revenue on SDLT 1
My most recent transaction (the only one since the last set of changes
in the law) was the sale of a house with registered title, and I didn't
even see the TR1 till I turned up for completion. I don't think the
buyer's solicitor bothered with an OS1 at all. So yes, the TR1 is the
modern substitute for "Whereas..." and "Now this deed witnesseth..." and
"hereunto set my hand and seal". You don't even need the sticky paper
seal and the performance of putting your finger on it while you recite
"I deliver this as my act and deed". "Signed as a deed" seems horribly
prosaic for something as splendid as buying land.
IME the Land Registry are the most helpful, competent, and prompt
government department, (or agency, or whatever they are today) I've ever
dealt with. Even their online stuff works. So I'd do the OS1 three or
four days before completion, and fill the SDLT1 in immediately online.
According to Bradshaw the only circumstances you can get away with not
sending the certificate with your TR1 and AP1 is if the IR have held
onto it for more than 20 days, so I'd guess even the IR must be geared
up to dealing with them quickly.
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You might wish also to post the question to uk.legal.moderated. (NB do
not crosspost as the modbot rejects everything which is cross-posted.)
It might also help to give a few more details - eg if the house is
freehold, if it is held by joint tenants or tenants in common, if it is
in E&W or Scotland. And by "part" do you mean a share of the house
(such as 22%) or a distinct physical bit (such as a self-contained
Having just been through two sale transactions, that seems cheap.
From what you say in your other post, I'd also suggest consulting an
appropriately qualified accountant.
I've heard too many horror stories from my solicitor of DIY conveyancing
going horribly wrong and having to be corrected at great expense at sale
Quite easy to do, very difficult to get it right!
Apart from what has already been mentioned there is also inheritance tax.
You need to get an expert that understands the bigger picture to do this for
generally speaking Lawyers/Banks/Accountants are the last persons to advise
You have to get a specialist to cover everything and then you go to a lawyer
to legalise it.
Pay the money for g-o-o-d professional advice. Solicitor and perhaps
accountant as mentioned elsewhere in this thread.
Unbeknowns in the future could cost many times the amount involved.
They can bite you on the bum and, believe me, that can be extremely painful.
I'm eight years into such a thing (not of my making). Next stop is High
Court sometime next year.
Solicitors, barristers etc. costing a fortune.
Try to get it right first time around, this can save a great deal of grief
in the long term and for all parties concerned.
I'm not a pro but have come to value the advice.
"Fortunately another relative is a chartered accountant"
Solicitors put down your wishes and make it legal (but not necessarily tax
Accountants balance books.
You are looking for a specialist in trusts, Capital Gains Tax, probate and
Very few solicitors and probably less accountants are qualified to give
information on this subject, in fact very few are legally qualified to
advise on this.
If they do they can be reported to the relevent body for malpractice.
I have no doubt you will listen to your relative the chartered accountant,
but unless he has specialist knowledge then if not you then in years to come
the inheritors are going to get their fingers burnt.
This subject is a much bigger issue than many realise.
The above is precisely why I wrote g-o-o-d professional advice.
I agree with the sentiment but disagree with some of what SS has written.
A trust implies safeguarding something for the benefit of other(s).
CGT, probate and inheritance tax refer to the residual estate on the event
of the the owner passing away, and the consequences to inheritors.
OP has not written that these are presently an issue.
I wholeheartedly agree that these matters should be addressed. Sooner rather
than later. There is much to be gained from timely planning.
If solicitors and accountants are not up to these tasks: (1) wtf do they do
to earn their exorbitant fees & (2) who else is qualified to advise and act
upon such, possibly very, complicated issues?
This really is not a DIY thing, but you pays your money and takes your
chance. Or not.
Nick, I think we are on the same track, although OP has not written they are
an issue when a specialist gets hold of ALL the information they usually
find one simple thing starts to impact on another and another....its like a
pack of dominoes falling, its never so simple.
In general terms solicitors and accountants are not and do not have the
qualifications to advise on these issues.
As to your point 2.... a specialist, and yes they are very complicated
areas, you will usually find the people that have the necessary
qualifications and are registered (so can be checked) are financial advisors
in the above fields.(but not all) The advisors that can advise (properly)
have normally to take 6 monthly exams to keep up to speed with changes in
Please bear in mind that normally a solicitor or accountant has NEVER taken
the exams to advise on these subjects, not sure of now but it used to be a 4
year course, thats why when an Acc or SOLIC qualify they wont spend another
4 years studying another subject.
Give the money away and live for another 7 years. Can't get much simpler
than that. Convoluted trust arrangements that the government of the day
may subsequently declare illegal, often retrospectively, are often a
waste of money.
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