Legal requirements to transfer property
Legal requirements to transfer property
Author
Discussion

simontrent

Original Poster:

96 posts

226 months

Saturday 25th February 2012
quotequote all
If person A wanted to transfer ownership of a property to person B, what is the legal requirement to enable this? I assume it is simply a request to change deed titles with the land registry. Is this a simple two minute form signing? I want to ensure the solicitor does not take unnecessary steps at my expense.

Thanks

Sarnie

8,312 posts

232 months

Saturday 25th February 2012
quotequote all
Stamp Duty.

Sir Bagalot

6,888 posts

204 months

Saturday 25th February 2012
quotequote all
Why are you involving a Solicitor?

Is the property mortgaged?

If so then then the mortgage company may insist on a solicitor

If not then call the Land Registry and ask them what forms you need to complete (there are two), AP1 and TR1 ring a bell

New POD

3,851 posts

173 months

Saturday 25th February 2012
quotequote all
I have a supplementary question.

Assuming the old bat who lives next door dies, and I re-mortgage my house to buy her house outright, with no mortgage, with a view to transferring her half of the title of the shared driveway to my house, then building a 3 car length garage about 10 foot wide, and then selling her house, at a slight loss and paying off the mortgage on my house again (I owe £234 approx at present), can anyone see a problem with this idea ?

PurpleMoonlight

22,362 posts

180 months

Sunday 26th February 2012
quotequote all
It is impossible to transfer property these days without using a solicitor or licenced conveyanver because the powers that be have decided that only they can confirm the identity of the purchaser (transferee).

Rambaud

44 posts

188 months

Sunday 26th February 2012
quotequote all
A Declaration of Trust/Trust Deed is sufficient to transfer the beneficial interest. The beneficial interest is more important to (say) HMRC for CGT and Income Tax etc. purposes.

SDLT (Stamp Duty Land Tax) is not applicable to gifts (except to a connected company), unless the property is mortgaged.

I recommend taking professional advice first.