Can I do the conveyance myself as it was my mother's house?

T

tigerxtra

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I am seeking some information on a straightforward house purchase with the possibility of not using a solicitor.
I wish to purchase my late mothers house which was willed - Grant of Probate has completed - equally to my two siblings and me and both siblings have agreed to sell their shares to me.

There is no mortgage or loan required, there is no charge of any kind on the property - I am aware I am liable for Stamp Duty -, no survey is required and no planning issues - I have always lived at this property.
The solicitor acting for my siblings also acted for our Grant of Probate so is well aware of the property and its folio etc.

Basically I wish to purchase each of my siblings shares and would be very grateful for any information anyone might have.
 
I've been involved in a situation very similar to this and my advice would be to approach the solicitor who has been acting for the fam so far and get a price for selling the property..also are your siblings in agreement with your way of thinking.In my own case as it turned out what should have been a very straight foward sale to a family member got a bit complicated due to an incorrect marked land registry map with regard to the property boundary so you never know what problems might arise and in my opinion especially with family involved you will be better using a solicitor but shop around first .
 
Conveyancing is really something which you do need a solicitor for. If there is something wrong, you won't spot it but a solicitor should.

A proper conveyance checked by a solicitor, will minimise any future problems.

Brendan
 
I might be wrong, but I don’t think it’s possible without a solicitor? Is Joe Soap permitted to register deeds?
How do you know there are no planning issues? I know so many people that have had house purchases/sales delayed because of planning issues. In every case it’s been the solicitor that has detected these. Same can be said for boundary issues.
Has there been ground rent in the past?
Has the house ever been owned by a local authority?

When I saw the words “straightforward house purchase” I tempted to start my post with “do you still believe in Santa Clause?”

And think of the future too. If you mess this up, someone will have to clean up your mess when you die or sell the house.

I think you should get a solicitor.
 
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Shop around to try good value on the basis that it is a relatively simple transaction.

I wouldn't embark on this without someone with legal expertise to act for me.
 
Thank you to all for your helpful and insightful replies.
To clarify the property is in a 1960,s former council estate and was purchased outright from the council along with the ground rent a number of years ago. It is part of a single storey terrace of 4 equally divided properties all of which have clearly defined boundaries and have no planning issues. My siblings have not lived at the property for many years and only wish to receive their share value - absolutely no family issues .

I would be very respectful that this is a legal process and therefore requires legal expertise however each solicitor appears to categorize it as a conveyance and therefore applies the standard total charge - €2000 /€2500 - regardless of the circumstances which seems a little unfair given their outlays would not include typical items like a mortgage/loan/financial institutions insurance policy/surveys and no issues over the status of the property - it is basically the transfer of my siblings property shares to me for an already agreed sum.

I am aware diy conveyancing although not recommended is possible and I would be interested if anyone has attempted this.
I would also be interested in mapara's point about contacting the selling solicitor - is it possible to have one solicitor acting for both sides given the circumstances here.

Thank you again for your kind assistance.
 

You can ask, but AFAIK it is professionally unethical to act for both parties in a sale.

I looked back at my own house purchase (2013) and the non-legal outlays were:
  1. 1st registration €100
  2. Registry of deeds €130
  3. Searches €58
  4. New folio €40

If you ever need to sell the house on again you will need to ensure that the NPPR charge was paid, or that the property was ineligible on the grounds that your parents occupied it as their PPR.
 
Tiger you can do it. But it’s not recommended. So if you’re going to do it tell us what you’re going to do first.

Planning I don’t see as an issue. Get a certificate as regards NPPR, household charge. Then you need to transfer the house to you. Istge house land registry? The people in there are very helpful.

Searches are to check if there are any impediments to the sale, such as mortgages. Presumably you know there is nobody with any legal right to a share of the property. Ask the solicitor for the file on the purchase from the council.

Did you ask the probate solicitor fora price for the conveyance? You know if you’re short of cash you could come to an arrangement on the fee. To pay it in instalments.
 
Thank you again for your positive advice.

The property is with the land registry and I have a copy of the folio and the file plan.
I have always lived here - PPR.
There are absolutely no external/internal claims/charges on the property.
The probate solicitor - who through probate has all the property disclosures/documents - is acting for my siblings as the selling solicitor and has suggested that I require my own solicitor which is fair enough but can they advise both sides in this instance since it is a relatively "straightforward" -sorry!!! - transaction.

Again many thanks for your time.
 
tigerxtra said:
To clarify the property is in a 1960,s former council estate and was purchased outright from the council along with the ground rent a number of years ago.
Click to expand...

I bought an ex-council house in 2005. The vendors had been LA tenants at one time, then bought the house from the council.

It was necessary to have some special form completed and validated by the council so that the sale/purchase could proceed. My solicitor informed me about this, and that usually it was just a formality.

Maybe you are aware of this requirement in such cases?

My solicitor was recommended on this site, and charged a flat rate of €1,000 during the Celtic Tiger.
 
Thanks again everyone for all your valuable advice.

The reason I sought assistance was that a solicitor is normally engaged for a conveyance where the property and its details are unknown to the buyer and therefore it is reasonable to use legal expertise to determine all the facts associated with the property and to pay the appropriate fee and I have no issues with this.

I have always lived at the property, own a one third share of it, I do not require a mortgage/loan and there are no impediments to the purchase so I am not sure what a solicitor has to do in this instance to insist on a full conveyance fee.

I suppose its somewhat different from a "normal" property transaction so I was hoping there may have been someone in a similar situation.

Again thanks to everyone - you have been very helpful and I'll keep looking.
 
tigerxtra said:
I have always lived at the property, own a one third share of it, I do not require a mortgage/loan and there are no impediments to the purchase so I am not sure what a solicitor has to do in this instance to insist on a full conveyance fee.
Click to expand...

Have you got quotes for the conveyance?

It might be cheaper than you think as it's a bit more straightforward.

Brendan
 
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