Land Registry Question

[horseshoes]

My mum and dad are GIVING, not selling us the end of their large garden. Mum instructed their solicitor who told her to tell us to inform ours, which I did. I told our solicitor about 4 times that it is NOT a purchase, but we received the usual conveyancing papers together with the list of fees for searches etc which we don't need. My Mum has already paid £300 for the registration, surely i

[horseshoes]

Hadn't finished my question!

Surely we shouldn't have to pay ANOTHER £300? I'm happy to pay it instead of Mum, but twice? From both parties?

[Buenchico]

I'm confused as to why you're using different solicitors. There's no conflict of interest, so you could have saved money by using the same solicitor. (When I sold part of my garden to a neighbour we did exactly that).

Indeed, since there's no money involved, I find it hard to see why you would need a solicitor at all. All that's required is for your parents' solicitor to ensure that this form is properly completed and to submit it to the Land Registry:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449594/TP1.pdf
So your own solicitor hasn't got anything to do!

However, if you've engaged the services of a solicitor anyway, he/she will not unreasonably expect that you must want him/her to do something (such as carrying out the searches that are normally involved when property is transferred for a consideration), so it's not unreasonable that he/she would want paying for it.

You need to ask yourself why you've employed a solicitor. If you can't think of any good reason (and I certainly can't) then dispense with his/her services but expect to be billed for any work already done.

[ToraToraTora]

you don't need a solicitor at all, you can do self conveyancing here. All you'd need to pay is land registry fee.

[johnny37]

Surely horseshoe's solicitor should have advised them of all this. Refuse to pay their bills.

[Dogsbody2]

This is less than one hour's work filling in the LR transfer forms. Say half a day if you'd done it yourself and had to read around the LR notes on what to do. Solicitors probably working to a standard process, and the junior lackey has probably invoked the process. Remind the more senior honcho what you are actually doing, and the requirement for local search will probably be waived, once you've confirmed that it is your risk (there is no risk, as you have observed, given the scenario).
This will probably end up being the highest hourly rate you ever pay for any service. Such a pity you didn't DIY.

[Dogsbody2]

For LR purposes, a nominal transfer price of £1 will be used.

[horseshoes]

Thank you all for your replies. Now I've read them, I'm very cross. It was Mum's solicitor who told her to tell us to instruct our solicitor. I have to admit I WAS puzzled at the time, but didn't question it. I wish I had now:-(

[EDDIE51]

Solicitors are 2nd only to funeral directors in the 'Robbin Bar Steward' league!!

[Dogsbody2]

It's called looking after one's own interests.

[Eve]

I might be a bit biased, having done the job, but if a solicitor is instructed then they will treat it as a proper job until advised otherwise.

I know you say it isn't a purchase, but you are still taking on a potential liability so the searches may uncover details which might affect your decision, not saying they will or you want them or think you need them, but they are taking it from a professional angle.

It's also not a bad idea having solicitors on both sides, looking after separate best interests. Can save future problems in the event of any future conflict. A common regret heard is that people didn't do things properly because it was family, cheaper to DIY etc...

All the same though, if you've made it clear what you do and don't want then have a conversation (ask for it to be pre-instruction depending on how they are charging), maybe agreeing to "disclaimer" about any risks in writing if there are concerns from a liability point of view and get a quote on your terms or whether it is worth them being instructed.

They have probably gone for the usual belt and braces quote, more risky for them to "assume" you don't want this or that, it's more for you to tell them, and I'd have it in writing, any risk you wish to assume yourself.