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Posted Thu, 01 Aug 2024 14:42:56 GMT by Jack Pearson
My neighbour is selling me a small area at the bottom of their garden. It will mean the splitting off of a bit of a title.

We are not using a solicitor as I had a friend who I know did this himself once, and like ours his was a small value so didn't need identity verification or similar. From what I remember, he said he just had to do two forms, TP1 and AP1. 

Does that sound correct?

Also, he said you have to find your 'local land registry', but I am not sure what that is. I thought Land Registry was national? If not, is there a published list anywhere so I can find our nearest?

Grateful for any other general advice on how to get it sorted. We have measurements marked out and pencilled on a print of the title. I assume we'd need to transpose that onto digital PDF? 

Is it just a case of downloading an AP1 and TP1, and doing our best to fill them in and submit to HMLR?

thanks
Posted Thu, 01 Aug 2024 14:56:37 GMT by Adam Hookway
Jack - correct re forms AP1 and TP1. There is no 'local' Land Registry 
Online guidance here and you can use the TR1 guidance to help complete the TP1
Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK (www.gov.uk)
And section 5 of our PG 40 supplement re the quality of plan needed in the form TP1
Preparing plans for HM Land Registry applications (PG40s2) - GOV.UK (www.gov.uk)
You don't have to use conveyancers but if your neighbour's property is mortgaged then the lender will need to consent and will likely insist a conveyancer is used
Posted Thu, 01 Aug 2024 15:17:00 GMT by Jack Pearson
Hi, thanks very much.

The property is not mortgaged, it's owned outright by one person with no complications (rights of way, trusts, interests etc etc)

I have been doing my best to learn more, I watched a youtube video from HMLR (https://www.youtube.com/watch?v=Bx5Zcr9txO8) which mentioned Practice Guide 67 in relation to identity documents so I have been reading that. But I'm a bit unclear on what it means where it says :
 

A. The low-value exception

An ID form in respect of an unrepresented party is not required where the true value of the land which is the subject of the disposal, discharge or release is £6,000 or less. In these cases, the conveyancer must lodge instead a certificate confirming the value of the land by someone qualified to give property valuations; such as an estate agent, a surveyor, a land and property valuer or auctioneer who holds a qualification from the Royal Institution of Chartered Surveyors or some other person who is similarly qualified.

You may still supply evidence of identity if you prefer and HM Land Registry reserves the right to require evidence of identity in form ID1 or form ID2, in any particular case.


The value of the parcel is way under the £6000 limit, but we wont be using a conveyancer/solicitor. I'm not sure whether the exemption applies or not, it seems to suggest the exemption only applies if you have a solicitor, but that can't be the case surely? 

thank you again for your help
Posted Thu, 01 Aug 2024 15:45:28 GMT by Jack Pearson
Actually, i noticed that, above the text I quoted in my previous post, it says:
 

4.1 Exceptions

In all cases below applicants must still complete panel 13(1) of the form AP1 for the excepted party. The exemptions relate to the additional evidence normally required when a party is not represented by a conveyancer.

Sorry my head is in a bit of a muddle! That reads to me like the exemption does apply to people not using a conveyancer, is that right?

Another confusion is over the 'value'. There is no question that this transfer is for a patch of ground nowhere near the £6000 limit. So it should certainly be exempt avoiding any need to pay notaries etc. But what it doesn't seem to make completely clear is how that value is determined.

In a video I watched on how to complete the AP1 (https://www.youtube.com/watch?v=YRiIDIcq50Q) it states that the surveyor/valuation is only needed if no money changes hands. In other words, let's say we pay £2000 for this parcel, we can enter £2000 and (if my understanding is correct), that 'serves' as the valuation. Only if it was a gift or the amount paid is zero, should we need a surveyor's valuation. That's my understanding after watching that video carefully and reading a few other guides.  

Am I understanding correctly or not?

thanks
Posted Fri, 02 Aug 2024 06:57:45 GMT by Adam Hookway
Jack - if the market value if les than £6K then the exemption applies and you don;t have to provide evidence of identity on submission of your application
Posted Fri, 02 Aug 2024 17:41:38 GMT by Jack Pearson
Thanks, yes I understand that, but my reading/watching of guides gave me the impression that you have to get proof of that value being under £6k, using a registered surveyor. Is that not the case? So no need for valuation, and no need for ID in cases of such small/low value parcels?
 
Posted Sat, 03 Aug 2024 07:43:24 GMT by Adam Hookway
Jack - you stated that the neighbour is selling you the land so the price is it's valuation. If it's less than £6K then you are the exception as stated
Posted Sat, 03 Aug 2024 11:20:53 GMT by Jack Pearson
Thank you, and sorry to be frustrating, but the text I quoted above gave me doubts especially where it mentioned 'where a conveyancer is not used'! I suppose that survey/valuation requirement only comes in where the land is gifted or given without exchange of money?

So you're absolutely certain that in a sale of land for a price under £6k between parties without a conveyancer, identity verification is not required and an independent valuation is not required? 

If so, that's all I wanted to be sure of, I like to get this sort of stuff 100% correct first time!

Thank you and the others who provide the help and support on this board, I nearly didn't find out about it! 
Posted Mon, 05 Aug 2024 06:36:26 GMT by Adam Hookway
Jack - that is all correct

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