In accordance with the Land Registration Act 2002, land or property must be registered with the Land Registry if it has been purchased, gifted, inherited, received in exchange for other property or land, or mortgaged.
Under the Solicitors Northern Ireland order 1976, solicitors in Northern Ireland must be involved with the legal process related to the transfer of land and property on completion of a sale, known as domestic conveyancing.
What is Domestic Conveyancing?
The conveyancing process involves the legal transfer of property ownership from one party to another. It’s a complex procedure that requires careful attention to detail to ensure a smooth transaction. While it’s possible to handle conveyancing independently, it’s highly recommended to engage the services of a qualified solicitor.
McPartland & Sons Solicitors possess the necessary legal expertise to navigate the intricacies of property law, protect your interests, and mitigate potential risks. By entrusting your conveyancing to us, you can have peace of mind knowing that your property transaction is being handled professionally and efficiently regarding the most important purchase of your life.
When must you register the property?
A solicitor will help to get you into your home by taking all the steps to complete your house purchase, including transferring the funds to get you to completion. They will help prepare the tax return and plan to pay the Stamp Duty Land Tax to HMRC.
When a property is sold in Northern Ireland, the title must be registered with The Land Registry. The solicitor will register your name as the owner and your mortgage provider as the lender at Land Registry. When register of your property is done by your solicitor, you also need to tell Land & Property Services (LPS) the date you became the new owner. LPS needs this information to assess the rate bill for your property.
How long does a solicitor have to register a property?
The application must be made within 30 working days from the date of the Priority and Bankruptcy Searches however it can take anywhere from 2 to 6 months for the Land Registry to register the property. The timeframe for registering a property in Northern Ireland can vary depending on various factors, including the complexity of the transaction and the current workload of the Land & Property Services (LPS).
What are the steps that a conveyancing solicitor takes when they handle the sale of your property?
Here’s a breakdown of what McPartland & sons solicitors do when you hire them for your property sale:
Initial Consultation:
- Discuss your property details and your goals for the sale.
- Explain the conveyancing process and answer any questions you may have.
- Provide an estimate of the costs involved.
Legal Documentation:
- Prepare and review all necessary legal documents, including:
- Contract of sale
- Transfer deed
- Property information form
- Fixtures and fittings list
- Title deeds
Property Searches:
- Conduct local authority searches to identify any potential issues affecting the property, such as:
- Planning permissions
- Building regulations compliance
- Road works
- Environmental concerns
Title Investigations:
- Review the property’s title deeds to ensure clear ownership and identify any potential encumbrances or restrictions.
Communication with Other Parties:
- Liaise with the buyer’s solicitor to exchange contracts and negotiate any necessary terms.
- Communicate with your estate agent to keep them updated on the progress of the sale.
- Coordinate with your mortgage lender to ensure a smooth transfer of funds.
Completion of the Sale:
- Organise the exchange of contracts and the transfer of funds.
- Register the property transfer with the Land & Property Services.
- Ensure all necessary taxes, such as Stamp Duty Land Tax and Land and Property Services Fees are paid.
- Provide you with the final deeds and any other relevant documents.
Additional Services:
- Offer legal advice on any issues that may arise during the sale process.
- Assist with negotiations with the buyer’s solicitor.
- Provide guidance on tax implications and other financial matters.
You must have all the bases covered when registering your property by law. Contact H McPartland & Sons conveyance experts for more advice on registering a property for you.
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