Legal Question in Real Estate Law in Maine

can i make an even exchange of real estate to my neighbor for equal value of building me a garage with no monetary implications to either party?


Asked on 4/13/14, 4:37 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

By "monetary implications" I am assuming you mean taxes. There is transfer tax required on the transfer for real estate regardless of the exchange for the labor to build. Transfer tax is $4.40 per thousand, and likely the value of the land being conveyed is modest, so the tax will not be much. The other tax is income tax on the part of the laborer. If the real estate was reduced the $, then the laborer would declare it as income, so the fact that its real estate worth a certain amount of $ does not change that.

There will also be costs to do it this way such as the cost of the deed preparation (about $150), recording the deed (about $26), and it may be advisable for a surveyor to prepare a proper legal description depending upon the circumstances.

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Answered on 4/14/14, 5:28 am


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