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Josh-2010
Josh-2010, Lawyer
Category: Scots Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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MY Parents own a farmhouse with 2 acres of land. They have

Resolved Question:

MY Parents own a farmhouse with 2 acres of land. They have offered myself and my wife 1 acre so we can build a house. they have a small mortgage but their mortgage company have already agreed that they are happy for them to gift myself and my wife an acre.

my question is simple, what's involved? what kind of costs? and will my parents need a solicitor as well as myself & wife?

I have spoken with 2 different solicitors and been given different advice. first solicitor estimate was £350 -£450 & second solicitor estimate was £1500

property is located in Aberdeenshire, Scotland.

thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Hi,


 


I am happy to wait until the end of the working day. If I can’t get a satisfactory answer by then please cancel this question and refund my money.


 


many thanks


 


 


Lee

Expert:  Fran-mod replied 1 year ago.
Hello Lee,

Thank you for your patience. We will continue the search for a Professional for you.
Expert:  Josh-2010 replied 1 year ago.
Thanks for your question. Please RATE my answer when you are satisfied

Hello - I have been asked to look at this for you. May I assist you? Could you help me with a couple of questions:

  1. From what I understand the land will be a gift - is that correct please?
  2. Will you need a mortgage on the land for the purposes of building?
  3. Does the land yet have planning permission?
  4. Will the land need access over your parents land or will the land have independent access?
  5. Have your parents complied with any conditions their lender has imposed (if any)?
Customer: replied 1 year ago.

Hi,


 


thanks for getting back to me.


 


1. the land is a gift.


2. yes we will need a mortgage to build the house.


3. yes we have recently been granted planning permission.


4. the way the land is split the access will be shared on the boundary between the 2 property's.


5. there are no conditions imposed by the lender.


 


some additional information which will help


1. the electricity supply / phones for my parents house will run through our land


2. the waste for our new house will run across there land with a soakaway at the end.


3. it is a private water supply of which, the bore hole and pump is located on my parents land and filters and other equipment including the electricity supply will be located on our land.


 


hope this helps


 


thanks

Expert:  Josh-2010 replied 1 year ago.
Thanks. Based on what you say if you simply take the land as offered then you could proceed if you wished without a solicitor however your parents would require one in any event because there is a mortgage involved and it would need to be properly released in respect of the land they are transferring to you.

However that said it would be sensible for you to consider using a solicitor too in order to ensure that the transfer of the land includes all the necessary rights and is suitable for your own mortgage lending purposes. If you don't do so if your parents solicitor fails to ensure this is the case then it could be more costly to try to unravel and correct anything that is missed when you come to mortgage the land.

You may however consider instructing the same solicitor to act for both of you as you are family potentially in order to keep costs down. Costs can be variable as you have discovered and you will be best served by phoning around as you have done. If you instructed the same solicitor to act for both of you this should operate to limit costs.

As to what the costs are likely to be on the above basis my feeling is the lower quote you have received is optimistic as there is quite a bit of work in drawing up and agreeing a deed to transfer the land, ensuring there is appropriate rights granted within it for you, registering the same at the Registry and so on. I would estimate a figure of in the region of £650-750 + VAT would not be unreasonable but you may receive higher or lower quotes as above.

Does the above answer all your questions or is there anything I can clarify or help with any further?
Customer: replied 1 year ago.

Hi Josh,


 


Once again thanks for your speedy response. If you could just clarify something for me - your estimate of fees, was this including or excluding the following:


1. Registration dues of Disposition


2. Registration dues of Deed of Restriction


3. Registration dues of Servitudes


4. Dues of Form 10/12 Report


 


Could you possibly give me a plain English explanation of what each one of these items are and if indeed they are required? Is there anything else that a solicitor should include which isn't listed above?


 


Many thanks


 


Lee


 


 


 

Expert:  Josh-2010 replied 1 year ago.
The fees I refer to are just the estimate I would place on the solicitors fees not including disbursements payable to third parties.

There will be disbursements payable to the Scottish Land Registry. There is a registration fee to register the transfer of title to you (item 1 in your list the "disposition" which is charged based on the value of the land as follows:

Not exceeding

50,000

60

50

 

100,000

120

90

 

150,000

240

180

 

200,000

360

270

 

300,000

480

360

 

500,000

600

450


A restriction is charged at £60 as is a servitude. A restriction is entered in order to confine your parents mortgage to their new smaller area of land so that it does not effect yours. A servitude may be entered if any rights are to be granted or reserved - e.g. you mention the need for a right of way and there may also need to be rights for utilities and so on.

The form 10 and 12 are obtaining land register information and are charged at £32 each and would be required.

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Josh-2010, Lawyer
Category: Scots Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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