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Voluntary land transfer - solicitor needed?

  • 17-07-2018 12:18pm
    #1
    Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭


    Hi all,

    My grandmother will be transferring some land (c. 1 acre) to me shortly, once boundary issues are sorted.

    Her solicitor will be arranging the deed of transfer.

    Do I need a solicitor? If so, why?

    Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Monife wrote: »
    Do I need a solicitor? If so, why?

    To carry out pre-transfer enquiries and check replies, to ensure that burdens or charges on the property are discharged, to advise you to get an engineer to check the map of the property that you are to get, to check closing documents, to carry out closing searches and check that the replies are in order, to stamp and register the deed, to ensure that you end up with good title.

    If you have a solicitor, he/she will draft the deed as well and ensure that it is correct. You have no contract with your grandmother's solicitor.


  • Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭Monife


    To carry out pre-transfer enquiries and check replies, to ensure that burdens or charges on the property are discharged, to advise you to get an engineer to check the map of the property that you are to get, to check closing documents, to carry out closing searches and check that the replies are in order, to stamp and register the deed, to ensure that you end up with good title.

    If you have a solicitor, he/she will draft the deed as well and ensure that it is correct. You have no contract with your grandmother's solicitor.

    Thank you.

    I hadn't thought about ensuring I get good title. I thought with it being a gift, I didn't mind too much about maps etc as I am getting something for relatively nothing (except tax liabilities etc). But you're right, for the future, it is important to ensure that the title is good on transfer.

    Would you know the approximate solicitor fees for this type of work? Would it be as much as conveyancing or cheaper?

    Thanks.


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


    Monife wrote: »
    Thank you.

    I hadn't thought about ensuring I get good title. I thought with it being a gift, I didn't mind too much about maps etc as I am getting something for relatively nothing (except tax liabilities etc). But you're right, for the future, it is important to ensure that the title is good on transfer.

    Would you know the approximate solicitor fees for this type of work? Would it be as much as conveyancing or cheaper?

    Thanks.

    Re fees shop around-Mine was more complicated but there Was a 4K difference in price for the same work. Ring 7/8 solicitors and see what they will charge. You do have to use two separate solicitors unfortunately.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Monife wrote: »
    Would you know the approximate solicitor fees for this type of work? Would it be as much as conveyancing or cheaper?

    It is conveyancing of a field/piece of land. It's not going to cost the same as a house purchase/sale because it would be expected to be simpler. You should get the value and acreage of the land and ring several reputable firms which have been recommended to you by trustworthy people that you know.
    Monife wrote: »
    I thought with it being a gift
    Also ask the solicitor for advice about tax on the gift.


  • Registered Users, Registered Users 2 Posts: 3,014 ✭✭✭Monife


    It is conveyancing of a field/piece of land. It's not going to cost the same as a house purchase/sale because it would be expected to be simpler. You should get the value and acreage of the land and ring several reputable firms which have been recommended to you by trustworthy people that you know.


    Also ask the solicitor for advice about tax on the gift.

    Thanks.

    The gift issue is a little more complicated so I will be engaging a tax specialist for that.


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