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Transfer in Part
helen26uk
Posts: 1 Newbie
I'm selling my house and the boundaries are wrong on the Plan. My front porch and path are on my neighbours plans. My solicitor has said that a transfer in part needs to be agreed with my neighbour and a DS3 form from his lender. My neighbour is happy to do this. My solicitor firstly advised me that my neighbour didn't need a solicitor for the transfer but their lender would probably want him to get one. I have waited 3 weeks for my solicitor to act on this matter! After chasing continually she has now advised me that she will only deal with another solicitor and I would be responsible for costs of her time, and neighbours costs! At this time she has said her charges so far for total 8.5 hours is £1400! But 3.5 is only on the porch issue! but as yet not drawn up any documents for my neighbour to sign! All this time I have buyers waiting patiently and could pull out at any time and my house is empty and I am paying for 2 mortgages (as I moved to another property). I just want this sorted asap! She says it is complicated and a lengthy process! Surely it is a straight forward transfer! Please can you help me? Should I get another solicitor! I'm in distress with the whole thing!
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Comments
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These things can be a lot more convoluted than you might think, but frankly your solicitor doesn't sound like she's helping the situation. If she hasn't actually done any work on it, in your shoes I would be shopping around for a reputable local solicitor with experience in this sort of thing and seeing if you can get them to agree an upfront price for sorting it out.0
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You could of course do the transfer yourself. If the neighbour is in agreement then you'd need
* consent from Neighbour's morgage lender (presumably the DS3)
* consent from your lender (if any)
* Form TP1 (transfer of part)
* Plan showing what is being transfered
* Form ID1 (ID check)
* Form AP1 (application)
All that goes to the Land Registry who will amend the Plans of the two Titles.
Then the sale of the amended Title can proceed.0
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