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Land transfer how long

  • 12-04-2018 12:44pm
    #1
    Registered Users, Registered Users 2 Posts: 2,676 ✭✭✭


    Father is terminally ill in hospital and we've kept postponing going to the solicitor to straighten things out the last few months in the hope he'd improve enough to go himself.
    As titled how long does a land transfer take and does it include Herd number etc.
    I've been told by the agri adviser I could be waiting for payments for upto two years after the will.
    Any advice appreciated whilst I'm awaiting callback from solicitor.


Comments

  • Registered Users, Registered Users 2 Posts: 11,174 ✭✭✭✭Muckit


    Sorry to hear about your father. Could be sorted v quickly if ye use solicitors in same town where postage isn't slowing things down. Ye both need solicitors.

    The herd number is seperate. You need to get form signed by your father and stamped by a private ag advisor or teagasc advisor.

    l did transfer 4 years ago so not so fresh in my head so others might be able to steer you better.

    Above all treasure this time now with your father and your family. It will all get sorted.


  • Registered Users, Registered Users 2 Posts: 2,676 ✭✭✭kay 9


    Muckit wrote: »
    Sorry to hear about your father. Could be sorted v quickly if ye use solicitors in same town where postage isn't slowing things down. Ye both need solicitors.

    The herd number is seperate. You need to get form signed by your father and stamped by a private ag advisor or teagasc advisor.

    l did transfer 4 years ago so not so fresh in my head so others might be able to steer you better.

    Above all treasure this time now with your father and your family. It will all get sorted.

    We need separate solicitors? Cheers


  • Registered Users, Registered Users 2 Posts: 5 latefarmer


    kay 9 wrote: »
    We need separate solicitors? Cheers

    Ya you have to have seperate solicitors from seperate practices as we had to do it before but was only transferring land for the site. Involved my fathers solicitor doing up contract and then me having it read over to le by different solicitor and agreed to.


  • Registered Users, Registered Users 2 Posts: 11,174 ✭✭✭✭Muckit


    kay 9 wrote: »
    We need separate solicitors? Cheers

    Yes it was a new thing brought in some years ago. l suppose it makes sense so that both parties sides are addressed fairly and independently. It does add some cost but usually one solicitor does bulk of the work and so it shouldnt be 2 big bills.

    You'll need to push this along now and once you get the ball rolling, keep it rolling. Nobody has your best interests at heart like yourself.

    So keep moving with things. Solicitors call it a 'farm transfer' but they only deal with the land side of it. You will have to sort the transfer of herd number and transfer of entitlements yourself.

    Google and ring your local DVO (district vetinerary office). Explain your situation and thry will send you out the relevant transfer of herd number form and hipefully offer you some advice.

    The transfer of entitlements form can be got from DAFM. They have a dedicated section for entitlement transfer. Again google for number.

    These are 2 things you could be getting on to now straight away. Oh and be sussing out another solicitor for either you or your father.


  • Registered Users, Registered Users 2 Posts: 2,435 ✭✭✭solerina


    kay 9 wrote: »
    We need separate solicitors? Cheers

    Yes, but you can have everything drawn up by one and then have separate solicitors just before both parties sign, it’s to make sure everything is above board for both sides.


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  • Registered Users, Registered Users 2 Posts: 19,586 ✭✭✭✭Bass Reeves


    Sorry about you dad Kay. I know you will be under pressure but make sure to ask both solicitors what there fees are for transfer. It is a fairly straight forward piece of work but some solicitors try to charge a % of the property value. Recently priced a house transfer prices varied from 700- 2500euro + vat and you will have searches, stamp duty etc on top.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 2,676 ✭✭✭kay 9


    Thanks all. Going to call the dvo on the morning to explain situation and see what's required etc etc.
    Should have done all this sooner but no point looking back. I'm on it now.


  • Registered Users, Registered Users 2 Posts: 1,018 ✭✭✭L1985


    [o add to this I'm currently looking at it and getting quotes varying from 1500 to 4500!!! Make sure you price around.
    Also land transfer takes a lot longer and is a lot more complex then you think-i would question if you need to do a land transfer at this point but that's something that ye can decide among yourselves on.
    So sorry to hear about it-hopenalnworks out ok!!


  • Registered Users, Registered Users 2 Posts: 2,868 ✭✭✭Ten Pin


    If your father has a will made with details of who gets what then AFAIK there is no need to do the transfer now.

    Just clarify the tax implications with an accountant before getting solicitors involved.


  • Registered Users, Registered Users 2 Posts: 2,676 ✭✭✭kay 9


    L1985 wrote: »
    [o add to this I'm currently looking at it and getting quotes varying from 1500 to 4500!!! Make sure you price around.
    Also land transfer takes a lot longer and is a lot more complex then you think-i would question if you need to do a land transfer at this point but that's something that ye can decide among yourselves on.
    So sorry to hear about it-hopenalnworks out ok!!
    It's already willed to me but my ag adviser said I'd be waiting two years for the farm payments etc.
    Bit confused by it all tbh.


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  • Registered Users, Registered Users 2 Posts: 2,868 ✭✭✭Ten Pin


    DVO should be able to tell you exactly what's required. They would most likely ask for a letter from a solicitor to confirm who the beneficiary is.

    There is also an inheritance enquiry unit in dept of agriculture.

    Just make sure that if there's more than one beneficiary, that the will lists both the land and entitlements as they are treated as separate assets.
    If the entitlements aren't mentioned then they fall into residual assets, but if you are the only beneficiary of everything then it doesn't matter whether it's mentioned or not.


  • Registered Users, Registered Users 2 Posts: 1,018 ✭✭✭L1985


    kay 9 wrote: »
    It's already willed to me but my ag adviser said I'd be waiting two years for the farm payments etc.
    Bit confused by it all tbh.

    Could you not rent the entitlements off your dad for the moment would that help? Or form a partnership? I don't know.... It's ridiculous in this time all this crap is being pushed on you.
    Good luck to you anyway -I hope it all gets sorted out and you get to spend this time with your dad instead of Beuracracy...


  • Registered Users, Registered Users 2 Posts: 272 ✭✭orchard farm


    Im two years waitin for land registered into my name,still no word


  • Registered Users, Registered Users 2 Posts: 7,084 ✭✭✭kevthegaff


    If land is transfered recently do I have to update the bps online that land it is now owned rather than rented ifykwim. Sorry about that kay hope everything gets better


  • Registered Users, Registered Users 2 Posts: 21,808 ✭✭✭✭Water John


    Sorry on the outlook for him. The transfer of Dept payments may take some time. Your access to the bank account that operates the business is important. So, the account may need to be put in joint names or whatever, so that you will always be able to access and use that account. Any delay then by the Dept of Ag will not have as much effect.


  • Moderators, Society & Culture Moderators Posts: 3,360 Mod ✭✭✭✭K.G.


    i wouldnt go transfering at this stage unless there is some taxation issue we are not aware of.essentially you are talking about a cashflow issue which can be handled outside of these issues.for the forseeable future i would advise keeping the bills and invoices paid up and cattle sales should be made with the situation in mind.dont have bills to pay that may require cattle sales or single farm payment which if the situation changed would mean everything getting tied up in the estate.


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