Your home is usually your most valuable asset, so it’s particularly important to plan what happens to it after you die.
Having a well written will is a key part of this, but if more than one person owns the property, such as a husband and wife or common law partners, this may not be enough by itself.
What is land transaction?
Land Transactions in a joint ownership
If you are ‘Tenants in Common,’ (i.e. you each own a share of the property, not necessarily 50% each) land transactions will give you more flexibility and certainty in how it will be passed on when you die.
For example, you can specify in your will who will inherit your part of the property – perhaps ensuring that it will eventually goes to your sons, daughters or grandchildren, even if your widowed partner re-marries and has other children.
Benefits of land transaction
- ‘Tenancy in Common’ which can help protect your assets from being taken to pay for the cost of long-term care, or if you have the misfortune to be declared bankrupt, the value of your assets is reduced.
- It protects your land from fraud and third-party applications over the possession of your land (such as squatters rights).
- You are protected in the event of your title deeds being lost or damaged.
- The title is guaranteed to the property, so if there is an error and you are refused the title to your property, or if the register needs to be corrected, you will likely be compensated.
- All the title information is held by the Land Registry, making it much easier to buy and sell the property. If the land isn’t registered, the conveyancer will have to request these deeds from you (or your mortgage lender) and examine these internally, which costs them time and your money.
- If some (or all) of the title deeds are missing, registering the land might make it more acceptable.
What is included in land transactions?
- A residential property on the land
- A commercial property on the land
- Agricultural land
- Lifestyle land
- A combination of the above
Details about the property will also be included in the land transaction, such as:
- The address of the registered land
- The amount paid
- The market value. In cases where a transaction takes place for less than market value or where only part of the land has changed hands (such as if you give it as a gift, or transfer part of it after a divorce) the person applying is required to declare the true market value of the land
- The date the land was acquired
- The date it was registered with the Land Registry
To find out more or to book an appointment, contact us now.