Does anyone know about conveyancing?
Discussion
I've done conveyancing in England a few times on small purchases/transfers, and it's really easy - you just fill out two forms from the Land Registry, present some ID and job done.
Now I'm about to buy my neighbour's garage, and I wanted to avoid shelling out nearly a grand between the two of us for a solicitor to fill out a form for me.
The Scottish land registry was singularly unhelpful, telling me "you must use a solicitor becuase its a legally binding contract". I pointed out that every time you buy something in a shop, that's also a "legally binding contract" and you don't use a solicitor for that, but the woman refused to budge. She wouldn't even tell me what forms the registry required to register a transfer of title.
So, does anybody know about this?
Can I just get a Transfer Deed from a legal stationers and both of us go into the Registry together with ID?
Now I'm about to buy my neighbour's garage, and I wanted to avoid shelling out nearly a grand between the two of us for a solicitor to fill out a form for me.
The Scottish land registry was singularly unhelpful, telling me "you must use a solicitor becuase its a legally binding contract". I pointed out that every time you buy something in a shop, that's also a "legally binding contract" and you don't use a solicitor for that, but the woman refused to budge. She wouldn't even tell me what forms the registry required to register a transfer of title.
So, does anybody know about this?
Can I just get a Transfer Deed from a legal stationers and both of us go into the Registry together with ID?
Short answer is no to nearly all your questions. I dont know the system in england but that isn't the system in scotland.
anyone can do their own conveyancing as long as it is in proper form, but the land register is there to record titles not to help you complete them!
the advice given, ie get a solicitor does seem the sensible way to do it!
do it yourself if you wish, but unlikely you will get anyone to buy it from you later as if you make a mes of it, you will have to pay a lot more to sort it!
I have been a solicitor for 29 years and whilst i have done that type of work, I wouldnt do it nowadays! I let those who know how to do it, do it! In the same way as I couldnt get my conveyancing partners to appear in court for me, nor under any circumstances would i want them to do so! lol
anyone can do their own conveyancing as long as it is in proper form, but the land register is there to record titles not to help you complete them!
the advice given, ie get a solicitor does seem the sensible way to do it!
do it yourself if you wish, but unlikely you will get anyone to buy it from you later as if you make a mes of it, you will have to pay a lot more to sort it!
I have been a solicitor for 29 years and whilst i have done that type of work, I wouldnt do it nowadays! I let those who know how to do it, do it! In the same way as I couldnt get my conveyancing partners to appear in court for me, nor under any circumstances would i want them to do so! lol
paulqv said:
Short answer is no to nearly all your questions. I dont know the system in england but that isn't the system in scotland.
anyone can do their own conveyancing as long as it is in proper form, but the land register is there to record titles not to help you complete them!
the advice given, ie get a solicitor does seem the sensible way to do it!
do it yourself if you wish, but unlikely you will get anyone to buy it from you later as if you make a mes of it, you will have to pay a lot more to sort it!
I have been a solicitor for 29 years and whilst i have done that type of work, I wouldnt do it nowadays! I let those who know how to do it, do it! In the same way as I couldnt get my conveyancing partners to appear in court for me, nor under any circumstances would i want them to do so! lol
anyone can do their own conveyancing as long as it is in proper form, but the land register is there to record titles not to help you complete them!
the advice given, ie get a solicitor does seem the sensible way to do it!
do it yourself if you wish, but unlikely you will get anyone to buy it from you later as if you make a mes of it, you will have to pay a lot more to sort it!
I have been a solicitor for 29 years and whilst i have done that type of work, I wouldnt do it nowadays! I let those who know how to do it, do it! In the same way as I couldnt get my conveyancing partners to appear in court for me, nor under any circumstances would i want them to do so! lol
The problem with a “low value” transaction is that the legal expenses can often seem way out of proportion to the subject matter notwithstanding there can be as much (often more) work involved than in a higher value case.
In a hypothetical case of the sale of a garage from one party to another where total expenses of £1k are being mooted – if buyer and seller are separately represented that’s two firms of solicitors charging less than £500 including VAT (albeit at the new bargain rate) and outlays
The outlays could include the dues of registration, the cost of various reports and, unless the garage is on a separate title already a deed plan of the garage solum/ plot (and access?).
If the garage is part of a larger title and the seller has a mortgage then the lender’s consent must first be obtained and a deed of restriction prepared (or clause of disburdenment included in the title) which must be executed by the Bank or Building Society concerned.
I would say that the figures you’re being quoted seem reasonable in the circumstances and would suggest that the bullet is duly bitten
Cheers JP
PS I wish it was “just a couple of forms” at a grand a pop!
Oh, and my Court partner wouldn't let me near the Sheriff Court these days either
Get a free quote? http://www.conveyancingdirect.co.uk/content/
Worth a go, even if they do have a horrible website
Worth a go, even if they do have a horrible website
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