do i need a solicitor to buy land
do i need a solicitor to buy land
Author
Discussion

wjwren

Original Poster:

4,484 posts

165 months

Thursday 17th September 2015
quotequote all
im buying a piece of garden land from a neighbour, not to build on etc, just wildlife garden.
Do I need a solicitor or can I do the land registry bits myself?

Soov535

35,829 posts

301 months

Thursday 17th September 2015
quotequote all

rofl

"I'm having a vasectomy, should I get a surgeon or just do it myself..."


JustinP1

13,363 posts

260 months

Thursday 17th September 2015
quotequote all
It's possible, but it's a real faff.

You've got to go to the Land Registry with your passport. You've got to fill out the TP1 form, and make sure that all of the covenants of the land are correctly passed over.

As well as that, you've got to supply accurate plans of the ownership of the two properties. Everything has to be exactly right, the right colour lines, so on and so forth.

It is possible, but if a solicitor charges you £250 then it will be worth it - that's what I paid after looking into the process. You are altering the title deeds to two properties, you don't want to mess it up.

northwest monkey

6,370 posts

219 months

Thursday 17th September 2015
quotequote all
I got some land off a neighbour for a garden and part of the deal was I paid his & my legal fees. IIRC it was around £1k in total - so about £500 each (probably less - definitely not more). It wasn't just a little form though, it dealt with maintenance of boundaries, water drainage, the Land Registry bit etc.

Absolutely not something I'd want to do myself to be honest. Get it wrong & the chances of it biting you on the arse years down the line are pretty good.

Vaud

59,745 posts

185 months

Thursday 17th September 2015
quotequote all
JustinP1 said:
It is possible, but if a solicitor charges you £250 then it will be worth it - that's what I paid after looking into the process. You are altering the title deeds to two properties, you don't want to mess it up.
And you get indemnified advice smile

Billsnemesis

817 posts

267 months

Thursday 17th September 2015
quotequote all
JustinP1 said:
It's possible, but it's a real faff.

You've got to go to the Land Registry with your passport. You've got to fill out the TP1 form, and make sure that all of the covenants of the land are correctly passed over.

As well as that, you've got to supply accurate plans of the ownership of the two properties. Everything has to be exactly right, the right colour lines, so on and so forth.

It is possible, but if a solicitor charges you £250 then it will be worth it - that's what I paid after looking into the process. You are altering the title deeds to two properties, you don't want to mess it up.
All of this.

The Land Registry have had to clamp down on paper applications to avoid fraud. Unless you go through a solicitor you have to prove to the Land Registry that you are who you say you are and that means turning up in person with the evidence.

Also you may find there is something hideous on the title that a lawyer would spot and if the land is currently subject to a mortgage there are additional checks and documents that you might not even realise are needed.

It really is easier to pay someone to sort this all out for you.

JustinP1

13,363 posts

260 months

Thursday 17th September 2015
quotequote all
Billsnemesis said:
Also you may find there is something hideous on the title that a lawyer would spot and if the land is currently subject to a mortgage there are additional checks and documents that you might not even realise are needed..
Oh yes, forgot about that.

If the sellers house has a mortgage, he needs to run it past his mortgage company and get them to agree. Then the solicitor sends them a form to formalise them dropping the charge of the agreed area, and they put their company stamp on it, then that goes to the Land Registry.

Again, it is physically possible for you to do this yourself, all of it. It's a lot of work and a lot of risk though.

ewenm

28,506 posts

275 months

Thursday 17th September 2015
quotequote all
I did the transfer of a garage from the seller to me but it was already a separate title. We had to get the ID1 forms witnessed by a solicitor, fortunately one of the local firms will do that for a £5 donation to their nominated charity. Even this simple transaction was difficult enough and the Land Registry guides are pretty much useless. I wouldn't want to do anything more complicated myself.


Rangeroverover

1,523 posts

141 months

Friday 18th September 2015
quotequote all
I will bet a reasonable amount that when you want to sell your house this piece of land will cause a conveyancing problem and create hassle and drama.

GO TO A SOLICITOR

Rude-boy

22,227 posts

263 months

Friday 18th September 2015
quotequote all
OP.

I am a real live proper qualified solicitor specialising in land transactions. I buy and sell bits of land like this all the time.

To answer your question. No, you don't need to instruct a conveyancer to deal with this for you, although you and any co buyers will need to see one to complete form ID1 which the Land Registry will need with the FR1/AP1 (even the Land Registry seem to have trouble remembering which of these they want these days if the TP1 is from a registered title...).

The above said I would also agree with the vast majority of people on here who have said that you can, but you shouldn't and should instruct someone to deal with it for you.

As for costs. Well I can see about £50ish of disbursements there at a start (assuming Purchase Price of pu to £80k and it being a transfer of part) and, depending on the nature of the transaction you may wish to consider if searches are required. The cost of those is likely to be about £250ish but if you know the land well you might consider no search indemnity insurance (about £50 for that sort of value), although you should read the T&Cs with that to make sure you are happy with the cover offered.

As for legal fees there will be a fair bit of variation on these. Some will do it for £250+vat+dsb but personally, and as I say having done 100's of these sorts of deals over not far off 14 years, I would be quoting you £350-500+vat+dsb as you have no idea what you are getting until you have the papers. If there is an Overage Deed involved all bets are off though, that can add £500+vat to the legal costs day one.

FWIW if there is anything that I have written above which you don’t understand then 100% you need a conveyancer.

Soov535

35,829 posts

301 months

Friday 18th September 2015
quotequote all
Rude-boy said:
OP.

I am a real live proper qualified solicitor specialising in land transactions. I buy and sell bits of land like this all the time.

To answer your question. No, you don't need to instruct a conveyancer to deal with this for you, although you and any co buyers will need to see one to complete form ID1 which the Land Registry will need with the FR1/AP1 (even the Land Registry seem to have trouble remembering which of these they want these days if the TP1 is from a registered title...).

The above said I would also agree with the vast majority of people on here who have said that you can, but you shouldn't and should instruct someone to deal with it for you.

As for costs. Well I can see about £50ish of disbursements there at a start (assuming Purchase Price of pu to £80k and it being a transfer of part) and, depending on the nature of the transaction you may wish to consider if searches are required. The cost of those is likely to be about £250ish but if you know the land well you might consider no search indemnity insurance (about £50 for that sort of value), although you should read the T&Cs with that to make sure you are happy with the cover offered.

As for legal fees there will be a fair bit of variation on these. Some will do it for £250+vat+dsb but personally, and as I say having done 100's of these sorts of deals over not far off 14 years, I would be quoting you £350-500+vat+dsb as you have no idea what you are getting until you have the papers. If there is an Overage Deed involved all bets are off though, that can add £500+vat to the legal costs day one.

FWIW if there is anything that I have written above which you don’t understand then 100% you need a conveyancer.
thumbup

Seriously, OP, it's right up there with removing your own gallbladder. It's easy, really, and risk free.


Jasandjules

72,632 posts

259 months

Friday 18th September 2015
quotequote all
wjwren said:
im buying a piece of garden land from a neighbour, not to build on etc, just wildlife garden.
Do I need a solicitor or can I do the land registry bits myself?
Yes you can do it yourself.

I would however not recommend it. I would recommend instructing a lawyer.


surveyor

18,705 posts

214 months

Friday 18th September 2015
quotequote all
Rude-boy said:
OP.

I am a real live proper qualified solicitor specialising in land transactions. I buy and sell bits of land like this all the time.

To answer your question. No, you don't need to instruct a conveyancer to deal with this for you, although you and any co buyers will need to see one to complete form ID1 which the Land Registry will need with the FR1/AP1 (even the Land Registry seem to have trouble remembering which of these they want these days if the TP1 is from a registered title...).

The above said I would also agree with the vast majority of people on here who have said that you can, but you shouldn't and should instruct someone to deal with it for you.

As for costs. Well I can see about £50ish of disbursements there at a start (assuming Purchase Price of pu to £80k and it being a transfer of part) and, depending on the nature of the transaction you may wish to consider if searches are required. The cost of those is likely to be about £250ish but if you know the land well you might consider no search indemnity insurance (about £50 for that sort of value), although you should read the T&Cs with that to make sure you are happy with the cover offered.

As for legal fees there will be a fair bit of variation on these. Some will do it for £250+vat+dsb but personally, and as I say having done 100's of these sorts of deals over not far off 14 years, I would be quoting you £350-500+vat+dsb as you have no idea what you are getting until you have the papers. If there is an Overage Deed involved all bets are off though, that can add £500+vat to the legal costs day one.

FWIW if there is anything that I have written above which you don’t understand then 100% you need a conveyancer.
Don't forget the LR compliant plan smile

Rude-boy

22,227 posts

263 months

Friday 18th September 2015
quotequote all
surveyor said:
Don't forget the LR compliant plan smile
Chances are I lost the OP at TP1.

You are 100% right though, you would not believe the number of people who draw plans for a living who don't get it right first time either!

Obviously the OP will also be looking at possible RoW including Public Footpaths, if the land is common land or not (just because it isn't called "The Common" does not mean it isn't or hasn't been registered as a Village Green like many verges have in parts of E&W) and any possible overriding interests.

Just because the value of a parcel of land is low it does not mean that the issues are smaller, if anything it makes any issues much bigger as there is less land to work with!

surveyor

18,705 posts

214 months

Friday 18th September 2015
quotequote all
Rude-boy said:
surveyor said:
Don't forget the LR compliant plan smile
Chances are I lost the OP at TP1.

You are 100% right though, you would not believe the number of people who draw plans for a living who don't get it right first time either!
Oh I would...

I spend about 65% of my time preparing Lease and Title plans, often following those who have tried and failed. Architects in particular seem to have a problem with them, although I refuse to prepare planning drawings having fallen into that trap once and never ever again...

DocJock

8,722 posts

270 months

Friday 18th September 2015
quotequote all
Soov535 said:
rofl

"I'm having a vasectomy, should I get a surgeon or just do it myself..."
The mechanics of a vasectomy are really simple, probably a lot easier than a property transfer...

wjwren

Original Poster:

4,484 posts

165 months

Tuesday 20th October 2015
quotequote all
OK had quote of £450. Now solicitors written back saying it will be £1500 as there is a clause in there saying I cant build a house on there. Too pricey.

Centurion07

10,395 posts

277 months

Tuesday 20th October 2015
quotequote all
Why the difference in price?

Soov535

35,829 posts

301 months

Tuesday 20th October 2015
quotequote all
wjwren said:
OK had quote of £450. Now solicitors written back saying it will be £1500 as there is a clause in there saying I cant build a house on there. Too pricey.
Extra time to advise on the restriction.

£250 an hour or thereabouts.

wjwren

Original Poster:

4,484 posts

165 months

Tuesday 20th October 2015
quotequote all
The solicitor said the provisions for the clawback of me building a house are quite extensive so he needs to raise his estimate.