2 Solicitors required for land transfer?

Atlantic Dawn

I am aware that both sides in a house sale need to be represented by their own solicitors.

For a land transfer not involving any money but simply a gift from one person to the other is a seperate solicitor required to represent each party? If each had not been seperately represented would the transfer be still able to go through?

Claw Hammer

Atlantic Dawn wrote: »

I am aware that both sides in a house sale need to be represented by their own solicitors.

For a land transfer not involving any money but simply a gift from one person to the other is a seperate solicitor required to represent each party? If each had not been seperately represented would the transfer be still able to go through?

The same solicitor cannot act for both, nor can two solicitors in the same firm act.

Marcusm

Claw Hammer wrote: »

The same solicitor cannot act for both, nor can two solicitors in the same firm act.

If it's a gift, is there even anything for the recipient's solicitor to advise on? It would be usual for the donor's solicitor to handle everything.

234

Marcusm wrote: »

If it's a gift, is there even anything for the recipient's solicitor to advise on? It would be usual for the donor's solicitor to handle everything.

Explain the terms on which the transfer is being undertaken, when and how it will take effect, etc. What rights the transferee will have upon transfer. What liabilities they might have in respect of it.

When the transfer is a gift the reasons for separate solicitors are heightened. Since there is nothing being given in exchange it is all the more important to ensure that the transferor know exactly what they are doing.

Marcusm

If it's truly a gift, you get what you are given. Otherwise, the recipient should pony up for their own solicitor without quibbling is my perhaps all to subtle point.

Uno my Uno.

Marcusm wrote: »

If it's truly a gift, you get what you are given. Otherwise, the recipient should pony up for their own solicitor without quibbling is my perhaps all to subtle point.

As said above if it is a voluntary transfer or gift questions of undue influence can arise as can questions relating to taxation, avoiding creditors etc, having two independent solicitors goes along way to addressing these issues.

It would be usual for a the transferee to pay all the costs of such a transaction.

Mr. Incognito

Any transfer you need two solicitors.

In cases where no consideration passes even MORE so as someone is getting something for nothing and questions of undue influence can arise.

Claw Hammer

Marcusm wrote: »

If it's a gift, is there even anything for the recipient's solicitor to advise on? It would be usual for the donor's solicitor to handle everything.

There could be boundary disputes with neighbours, judgement mortgages in place, tax issues and other matters for the acquiring party to consider. The main reason for two solicitors is to protect donors. Many an infirm elderly person has been brought to the solicitor of a family member and signed away their assets, leaving them in poverty and other faily members at a loss.

FreudianSlippers

Could be CGT issues too I'd presume

JHdave

Marcusm wrote: »

If it's a gift, is there even anything for the recipient's solicitor to advise on? It would be usual for the donor's solicitor to handle everything.

Independent legal advice for each party is necessary to negate claims of undue influence.
Also, the recipients solicitor drafts transfer documents, deals with payment of stamp duty, CAT issues and registration of the property into the recipients name - quite a bit of work actually.

nuac

Having only one solicitor in such transactions may be a false economy.

There have been numerous court cases, usually in the Circuit COurt cases, of disputes arising from land transfers.

Independent legal advice is essential in such transactions. Possible problems well listed in posts above.

Victor

Marcusm wrote: »

If it's a gift, is there even anything for the recipient's solicitor to advise on? It would be usual for the donor's solicitor to handle everything.

When biting hard, make sure it isn't a lemon.

So, let us say your uncle gifts you a polluted site and you as the owner will be responsible for remediating it. Are you sure you don't want advice?

Or you are receiving a plot of land from your aunt and intend to build a house on it, but it has a covenant that it shall remain undeveloped.

Miaireland

You would need two solicitors for this regardless of whether it is a gift or not.

It is highly unlikely that any solictor would agree to act for both sides as it would be deemed a conflict of interest.

dazza21ie

Miaireland wrote: »

You would need two solicitors for this regardless of whether it is a gift or not.

It is highly unlikely that any solictor would agree to act for both sides as it would be deemed a conflict of interest.

Not only is it a conflict of interest it would also be professional misconduct and has been since 2013.