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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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I need to convey the property from the vender to myself which

Customer Question

I need to convey the property from the vender to myself which forms do I use,it is a old workshop in derby.it is paid for there are no searches to be done,just the conveyance from executers to myself.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Is the property registered or unregistered with the land registry?

Kind regards,

Tom
Customer: replied 2 years ago.

no the property has never been registered.this was confirmed by land registry.


Really : I need to know how and in what manner to deal with the venders solicitors ,what forms and I suppose in what order. john.

Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, unregistered conveyancing is tricky and it’s the sort of thing that is really (seriously) worth paying a solicitor to do for you. You could find yourself buying an encumbered property or a property that is incapable of registration if you attempt to do it yourself.

In the case of unregistered land, the Seller’s Solicitor would provide an epitome of title to the buyer’s solicitors.

This is a document which shows the chain of ownership of the property over the course of time and that there is a sufficient “root of title” on which the buyer’s solicitor can rely to ensure that the legal title is capable of being registered with “absolute” title at the land registry.

Here is an example of an epitome of title:-
http://www.berwin.co.uk/getattachment/129a62e4-ab6f-4fac-aabd-69f3a88c01c2/Epitome.pdf.aspx

It’s impossible to tell you what forms to expect but it will be a mix of old conveyances, assents, grants of probate, mortgages, discharge of mortgage etc..


A solicitor investigate the title to establish the chain of ownership and ensure that previous mortgages have been paid off. They will carry out land registry searches of previous owners in the chain. They will also check for “overriding interests”.

Ultimately, once they are happy with the epitome and have inspected the deeds they will complete the sale and then register the transfer to you by completing the stamp duty return and then compiling the registration documents for the land registry (ie. Land Registry Forms FR 1 & Form DL

Do not proceed unless you instruct a solicitor though.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7591
Experience: UK solicitor holding an England and Wales practising Certificate.
Thomas and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

where do I get a stamp duty return from or do the vendors supply this.


I have received from the vendors solicitors the documents you mentioned and I am happy to proceed.So what would be my next step,is it getting the stamp duty return? (ps.I have already paid for this property,so there is no going back) many thanks............... john.

Expert:  Thomas replied 2 years ago.
Hi,

I would again say that you would should still not proceed without obtaining advice from a local solicitor.

You would have to submit SDLT1 form which you can obtain from HMRC. You have 28 days from completion to submit this.

Once your solicitor has arranged completion then they submit the SDLT1 return and then once the SDLT5 certificate is returned by HMRC (if sending by paper and not online) then they would prepare the applicatoin to the land registry,

Tom

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