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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24611
Experience:  Senior Partner at Berkson Wallace
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My neighbour and i have a "deed of consent" for a drain

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My neighbour and i have a "deed of consent" for a drain easement which was written by a solicitor but they are too busy to deal anymore. Can we just send it off to land registry our selfs ..if so what form would we need..and cost of the application..
Customer: replied 10 days ago.
34;Deed of Grant"
Hello,

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Customer: replied 9 days ago.
continue please

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What did you and your neighbour employ them to do exactly?

Customer: replied 9 days ago.
thanks
Customer: replied 9 days ago.
we did it through my conveying solicitor and the neighbour got their own.. it was 10 years ago and somehow it just didnt get completed and registered with land registry.. I paid the neighbour £5000 and we are both in full agreement.. as i said there original solicitor hasnt got time to deal with it now and in any case the neighbour said they let them down in something else so dont want to use them.. we got the written "Deed of Grant" which was written by the neighbour solisitor so can we just send that off to land registry our selfs

The original solicitor has got time, they just don’t want to deal with it, for whatever reason.

It’s not just a case of sending the deed off to the land registry, you have to fill some forms in.

The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:

To transfer property from 2 names to 1 name or from 1 name to 2 names or to simply sell a You  need AP1

https://www.gov.uk/government/publications/change-the-register-ap1

and ID1

https://www.gov.uk/government/publications/verify-identity-citizen-id1

for all the parties involved.

There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.

There is also the Land Registry fee based upon the value of the house which is here:

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Use scale 1 fees.

If there is a mortgage on the property they will need to consent to the grant of the easement.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 9 days ago.
thanks just one more thing! do both properties need the easement added to both title numbers.. and there for mean paying everything twice

Yes, there are two applications one to add the benefit to one property and the other to add the burden to the other.

Customer: replied 9 days ago.
can 1 solicitor deal with both properties.. I will have to pay so want to keep cost down

The legal situation is that as there is a potential conflict of interest you both have to be existing clients or family members.

Customer: replied 9 days ago.
thank you

There is no reason at all why you cannot both DIY.  You could fill all the papers in the both of you and put both applications in the post.It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.However I emphasise that you both have to fill all the paperwork in and send 2 lots in as though you have sent individual applications.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Customer: replied 9 days ago.
do you know which form we would use for land registry

I have given you all that detail in my previous reply.

Customer: replied 9 days ago.
oh.. I got confused when you showed form AP1 above as we are not changing names on title

Apologies for that part.  Ap1 is simply changing the register.  It’s irrelevant what is being changed.  That’s the form.

Customer: replied 9 days ago.
thank you

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24611
Experience: Senior Partner at Berkson Wallace
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