land registery / deeds question

Nosht

We bought a house that did not exist. It was not registered with the Scottish Land Registry Office so what they did was to use some common sense & look at the 2 properties on either side & agreed that ours was on the land in betwen them. This is something that the vendor's solicitor should have checked out first before putting it up for sale.
A few years ago my aunt died & her executors could not dispose of her house as it was still registered in joint names from before when her husband had died. The lawyers were very apologetic & transferred the title free of charge, they probably had charged earlier for this.
Just because they are lawyers or solicitors does not mean that they are efficient.

Regards,


N.

isayoldchap

loulou41 wrote: »

When I bought my house in August, I was concerned as well how do I know if the property is registered in my name? It was not showing on the sold property websites. I did ask for a copy of the title deed which I received three months after the purchase. To put my mind at rest, I did phone land registry, I did give them my name and they confirmed it is registered. In December, I have noticed that the property is now showing on the sold websites. It took nearly 5 months. Your solicitor should be able to answer your questions regarding registering your property. I would pester him until I get an answer.

Hi
last week I sent an email to Land Registry.We moved 6/10/09.I have received confirmation that no request to change the Titles has been received.
I guess this mean the Stamp Duty was not paid by Wolstenholmes.
The Inland Revenue (Stamp Duty section)have told me I need the 'Unique Tax Ref
on the form the solicitor would have sent in.This maybe with DWF now.
They have told me I have to wait until I receive a letter from them.

I did get a large cheque from WH and last week I had it confirmed that our house selling agent did get their cash.
The stamp duty was only 2200.00 far less than the other amounts.

I have also read on here that the delay could be the sellers solicitor/mortgage.
I may have to investigate further

lindos90

isayoldchap wrote: »

I guess this mean the Stamp Duty was not paid by Wolstenholmes.

...so the land registry has to be done before the stamp duty is paid?

No wonder solicitors sometimes have 'delays', a few months of interest, while they sit on our stamp duty payment = more money for them!
:rolleyes:

alex_g_2

Hi

The transfer deed has to be sent to the Inland Revenue within thirty days of completion for the stamp duty to be paid.So no solicitors do not have so called '' delays'' sitting on stamp duty to earn interest.

lindos90

alex_g wrote: »

Hi

The transfer deed has to be sent to the Inland Revenue within thirty days of completion for the stamp duty to be paid.So no solicitors do not have so called '' delays'' sitting on stamp duty to earn interest.

From Richard, I understood that the title deeds cant be transfered to us until the previous owners' mortgage provider has confirmed the mortgage has been paid off (which could be delayed by poor communication), but aparently the IR have to recieve the transfer deed (along with the stamp duty) 30 days after completion?

We completed nearly three months ago, might just call the Inland Revenue to check where I stand then, its chicken and egg..

I thought I'd finished running round after my solicitor once we had paid him and moved in:rolleyes:

Im out of my depth here, pity my solicitor doesnt seem to have a clue what hes doing, he should be the person that knows!!

lindos90

isayoldchap wrote: »

Hi
last week I sent an email to Land Registry.We moved 6/10/09.I have received confirmation that no request to change the Titles has been received.
I guess this mean the Stamp Duty was not paid by Wolstenholmes.
The Inland Revenue (Stamp Duty section)have told me I need the 'Unique Tax Ref
on the form the solicitor would have sent in.This maybe with DWF now.
They have told me I have to wait until I receive a letter from them.

I did get a large cheque from WH and last week I had it confirmed that our house selling agent did get their cash.
The stamp duty was only 2200.00 far less than the other amounts.

I have also read on here that the delay could be the sellers solicitor/mortgage.
I may have to investigate further

Just been in the IR website ans found this..

Unless a transaction is exempt from SDLT, the purchaser is responsible for notifying HMRC of the purchase or transfer by completing a Land Transaction Return - commonly referred to as the Stamp Duty Land Tax Return - and for making sure that SDLT is paid on time. In practice, most people employ a solicitor or conveyancer to complete the return for them.

When HMRC receives a valid return, it will issue a Stamp Duty Land Tax Certificate. The transfer of the property cannot be registered at the land registry without this certificate.


All transactions valued at £40,000 or more, must be notified to HMRC within 30 days of the 'effective date' of the transaction (for most land and property purchases this is the completion date).


If the transaction value is above the payment threshold, you also need to send payment within this time limit.
If the return and payment aren't received within 30 days, the purchaser will incur a penalty charge and will also be charged interest on the overdue payment.





The bits ive put in bold are the bits that worried me initally, however the blue bit seems to say that the land registery has to be done AFTER the stamp duty is paid, not BEFORE, so that is reasuring, stamp duty likely to have been paid, but solicitor not approached the land registary.


Would the IR really charge the buyer for not paying the stamp duty on time, when the delay is not the buyers fault?


Isayoldman, did the IR say anything about penalties?

alex_g_2

Hi

Correct stamp duty has to be paid before registration. The IR would charge a penalty and interest if the transfer is not submitted within the 30days. However if you have used a conveyancer it is down to them to get it to the IR within the time limit ie its not your fault if they haven't.

G_M

From Richard, I understood that the title deeds cant be transfered to us until the previous owners' mortgage provider has confirmed the mortgage has been paid off

The transfer deed has to be sent to the Inland Revenue within thirty days of completion for the stamp duty to be paid.

The 'Transfer deed' is what the seller signs and gives to the buyer (or his solicitor) on Completion. This confirms he has sold the property.

This is what is sent to the IR within 30 days.

Once Stamp Duty is paid, AND the seller's previous mortgage has been paid off, the buyer can register his new Title with the Land Registry, and new 'Title Deeds' are issued.

lindos90

G_M wrote: »

Once Stamp Duty is paid, AND the seller's previous mortgage has been paid off, the buyer can register his new Title with the Land Registry, and new 'Title Deeds' are issued.

Sorry, getting my deeds mixed up there! As sometimes several terms are used to describe the same thing, I just thought a deed was the deed, didnt know there were more than one relating to a house.

Its all interesting to know though, so thanks for taking the time to put me right:T

Richard_Webster

The 'Transfer deed' is what the seller signs and gives to the buyer (or his solicitor) on Completion. This confirms he has sold the property.

This is what is sent to the IR within 30 days.

Before the change from Stamp Duty to Stamp Duty Land Tax the transfer deed did need to be sent to the Stamp Duty Office with a cheque for the Stamp Duty and it was only when it came back with the orange impressed stamps on it that it could be sent to the Land Registry.

That's all been done away with now. Solicitors have to send a Land Transaction Return to HMRC with details of the transaction but the transfer deed (TR1) itself does not have to be sent. Usually the submission of the form is on-line on the day of completion and we get a certificate back on line within minutes which we can print out and send with the application to the Land Registry (who still want to know that the SDLT requirements have been complied with.) If any SDLT is payable we have to send a payment for it so HMRC gets it within 30 days of completion.

Unless OP decided to do the SDLT form himself (to save an extra fee perhaps) and he has not sent the form back to the solicitors, the whole SDLT point shouldn't really have any bearing on registration time-scales.

OP is quite entitled to ask his solicitor why registration has not taken place and to get an answer in writing. If no answer forthcoming Op should write to senior partner threatening a formal complaint if no answer is available.