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    • Sus59
    • By Sus59 15th Oct 16, 11:12 AM
    • 50Posts
    • 63Thanks
    Sus59
    Land Registry verification of ID when living abroad
    • #1
    • 15th Oct 16, 11:12 AM
    Land Registry verification of ID when living abroad 15th Oct 16 at 11:12 AM
    Last month I sold my maisonette which as well as having a leasehold also had a share of the Freehold (only two dwellings in the building).
    When I bought the place, the other freeholder lived upstairs but then moved abroad (to Gibraltar) and let the flat out through a letting agent).

    The deeds stipulate that the share of the freehold should always be sold together with the leasehold.

    My solicitor informed me that the other freeholder, as well as signing the transfer form for the freehold, should have their ID verified by a solicitor in the country of their residence.

    They (the other freeholder) sent the form back directly to my solicitor having had their ID verified by a UK friend who is a solicitor and the sale went ahead and I received the proceeds of the sale.

    Now the buyers solicitor have contacted mine, and they have contacted me in turn, because the land registry want proof that the solicitor in Gibraltar who ID'ed the other freeholder had jurisdiction to practice in that location. Without this they apparently cannot register the freehold into the new names.

    I am obviously trying to help, but am wondering if this is even my problem? Surely my solicitor (or maybe the buyer's solicitor?) made a mistake in not double-checking this before proceeding with the transaction?

    It so happens that I am using the same solicitor as I am currently buying a new property with my partner, so obviously want to remain on good terms with them.

    My question is, can I be held liable for anything in this respect?

    Anyone from the legal profession here who happens to know if UK lawyers have jurisdiction in Gibraltar? If so, how do we prove that?
    Last edited by Sus59; 15-10-2016 at 11:15 AM. Reason: subscribe to thread
Page 1
    • Jackieboy
    • By Jackieboy 15th Oct 16, 11:22 AM
    • 251 Posts
    • 396 Thanks
    Jackieboy
    • #2
    • 15th Oct 16, 11:22 AM
    • #2
    • 15th Oct 16, 11:22 AM
    "Most solicitors practising in Gibraltar have qualified in the United Kingdom. There, it is the Law Society who makes the rules for the legal education and training required and they are designed to ensure that the trainee receives an education which is both thorough and broad.

    It is not necessary for a prospective solicitor to have a law degree. If someone has a degree in a subject other than law they have to complete a one year full-time (or two years part-time) course leading to the Common Professional Examination (CPE) or the post-graduate Diploma in Law. These courses give the basic grounding in law, which are needed for qualification as a solicitor. After successful completion of the law degree, CPE or Diploma in Law, a Legal Practice Course is undertaken which is the professional training for solicitors. This course takes one academic year or two years if studied part-time. The course teaches the practical application of the law to the needs of clients and is offered by a number of different colleges and universities."

    http://ec.europa.eu/civiljustice/legal_prof/legal_prof_gib_en.htm
    • G_M
    • By G_M 15th Oct 16, 11:38 AM
    • 37,015 Posts
    • 40,940 Thanks
    G_M
    • #3
    • 15th Oct 16, 11:38 AM
    • #3
    • 15th Oct 16, 11:38 AM
    So that's the training.

    Not sure it answers the question of whether the solicitor in question is licenced to practice in Gibralter.

    Ah:

    Although a British territory, Gibraltar is a seperate jurisdiction to the United Kingdom. Lawyers practising here are members of the Gibraltar Bar. In the UK solicitors and barristers are distinct entities, but locally the roles are merged.
    http://www.gibnet.com/data/lplist.htm

    So the question would be whether he was admitted to http://www.barcouncil.gi/

    Having said that, I don't see that this is your problem OP. I would write back to your solicitor thanking him for his letter!
    Last edited by G_M; 15-10-2016 at 11:48 AM.
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