Services we offer

Buying or Selling your home

Often these are connected however we do many transactions for clients that are just a sale or purchase.

For a sale you will need to complete the relevant forms and answer questions about boundaries that you have maintained or guarantees that you hold. With information extracted from your deeds we will prepare a contract package for your buyer’s solicitors to consider. The buyers will carry out their investigations and may raise further enquiries before being in a position to exchange contracts but we will advise you all the way.

If you are simultaneously purchasing a property we will receive the contract package from your own seller’s solicitor and read through it carefully. We will then carry out the necessary searches, raise enquiries with the solicitors as appropriate and send you copies of relevant information such as a copy of the deed plan, fixtures and fittings list and any immediately relevant information.

Once the searches are back and we have the replies to the enquiries that have been raised with the solicitors it may be that your mortgage offer has arrived.

At this point we will send you a report advising you fully on the deeds, the results of our investigations and also the obligations under your mortgage so that you are entering into the purchase with your eyes fully open and understand precisely what you are taking on.

When both sale and purchase are at this stage we would obtain your signatures to the contract and be “ready to exchange”. A completion date will be agreed and at that stage we can then actually exchange the contract. It is at that point that you are legally bound to complete on the completion date. There are pre-completion searches and other formalities that we as your solicitors will complete on your behalf.

On completion you will move from one house to the other and we will be on hand to update you as the money changes hands.

After completion we will attend to the stamp duty formalities and attend to registration of your ownership at HM Land Registry. Following registration you will be sent copies of the deeds which will be the updated extract from HM Land Registry showing that you are the legal owner of your property.

Remortgage

A remortgage is carried out where you already own the property but wish to change from one lender to another, usually because the new mortgage has more favourable terms such as a lower interest rate. The new lender will wish the title to the property to be fully investigated in much the same way as the purchase of a property. We can carry out the legal work on behalf of your new lender.

New Homes

These can be of two types

• Developers


If you own land or property that you intend developing into residential dwellings we are able to assist you in preparing legal papers for purchasers of individual plots.

• Buying a newbuild


You will want to be sure that the planning situation is satisfactory and that there are sufficient rights to be able to use the property as you wish. We are able to advise you on such matters together with advice on NHBC certificates, buying properties ‘off-plan’ and all other issues that arise when dealing with a brand new property or development.

Cohabitation Agreements

If two or more people are buying a property there may be some understanding that one person will put a larger amount of capital towards the property. This may be by way of deposit or subsequent payments.

Alternatively, one person may be buying a property but another is providing a contribution towards the purchase price. In these situations many people choose to record the separate payments made by each party to ensure that on a subsequent re-sale of the property each party gets back their fair share of the contribution.

If you believe this may apply to you please contact us and we can discuss the most suitable form of agreement for your individual circumstances.

Common Land and Commoners Rights

The Laws relating to common land are vast and anyone with a property adjoining or comprising common land should ensure that they are fully aware of what the obligations or benefits there may be for the landowner. We can discuss this with you together with any rights of common that may run with the ownership of a property.

Council Right to Buy

If you are buying your council house you will need a solicitor to represent you and advise you fully on the terms of your purchase and any repayment provisions that may be included in the deeds. If you are taking a mortgage you will need detailed advice on the affect of the council terms on your mortgage offer.

Land Purchase or Sale

This can vary from house purchases as there may or may not be development potential. If you are selling land you may wish for the deeds to state that if the property is developed in future years that you should receive a percentage of the uplift. Or you may wish to ensure that the land remains undeveloped. Drafting the paperwork accurately will ensure that the land will be suitable to your needs.

Home Information Packs

Home Information Packs suspended

The government recently announced the suspension of Home Information Packs. These were designed to speed up the conveyancing process but have been met with very mixed reviews. Essentially the pack was designed to provide everything the buyer needs. This in theory should reduce the need to raise enquiries leading to an earlier exchange of contracts.

Initially the pack, which is provided by the seller, would include a survey but this received short thrift when it was felt that a buyer is unlikely to rely on a survey provided by a seller. Instead the buyer would wish to carry out their own survey and so this part of the HIP was abandoned

The final version of the HIP would include a questionnaire completed by the seller, a local authority and drainage search and copies of the land registry entries. So dealing with these components in turn:

The questionnaire: Whilst this did provide some useful information, it by no means provided it all and therefore solicitors still had to raise various enquiries.

The Local Authority search and drainage search: mortgage lenders have strict requirements as to the age of a search. If it would be more than a few months old on completion it could not be used and the buyer would need to pay for another one. Sometimes this meant that by the time a buyer as found the search was out of date. In addition most HIPS included a “personal search” rather than a local authority search and whilst some of these would be acceptable to a lender, others were not. Again if they were not suitable the buyer would need to carry out another.

Land registry entries: These are usually obtained directly from HM Land registry and show a plan of the property, details of the owner and details of rights that the property is subject to. Unfortunately most land registry entries in referring to rights of way or covenants simply state that they are contained in a specific conveyance. This means that the buyer needs to see the conveyance and so once again the buyer needs to specifically request this from the seller once the conveyancing process has already begun.

Having a ready to go pack is a good idea as speeding up the conveyancing process leads to greater certainty, a reduced risk of gazumping and reduced time in which either party can withdraw, however, the pack needs to contain all the material that a buyer will need to see. The Home Information Pack went some way to achieving this but not quite far enough.

Transfer of Equity

This is the term used when the ownership of the property is to change but at least one of the original owners will remain as an owner. This is different from a sale where entirely different people will then become the new owners.

Some transfer of equities involve a transfer from two parties to one and others may involve one of two owners coming off the deeds with a new person in their place. It could be where one person is currently the sole owner and an additional party is to be added to the ownership.

Transfers of Equity can take place subject to an existing mortgage if the Lender consents. Lenders will have different requirements in giving their consent and they may wish to make a charge or even change the terms of the mortgage. You should discuss with your lender to ascertain their requirements at the earliest opportunity.

A Transfer of equity can take place simultaneously with a remortgage of the property. In this situation no consent is required from the existing lender but the new lender is likely to wish various searches to be carried out and for us to fully investigate the title as if you were purchasing the property. Please see section regarding Remortgages.

A Transfer of equity can attract Stamp Duty as it applies to a Transfer of land. Please check with us at the outset to see whether this may apply to you.

Land Registry Voluntary Registrations

Where land is unregistered the paper deeds are of paramount importance. They are the only evidence that a person actually owns the property. This means that should they be lost proving ownership can be extremely difficult. Having your property registered at the land registry will mean that the evidence of your ownership will be held electronically at HM Land Registry and so there will no longer be documents that can be misplaced. It will also mean that someone can search the land registry for that property and will be able to make contact with the owner. This can be helpful to reduce the chances of someone claiming adverse possession if the land is unoccupied or not your main residence.

There are many reasons that people choose to register unregistered property and ultimately it will result in many deeds and documents being produced on one printed land registry entry with a land registry produced plan. We can help you have your deeds registered this way with HM Land Registry if you feel that it may be of benefit to you.

Auction Purchases

It is perceived that buying a property at auction means that one is going to get a bargain. However, this is not always the case. Whilst some properties sold at auction can be unique and desirable the process is also used for disposing of properties that are worthless under normal selling conditions. To compound this the contract and related paperwork are often jargonistic and not straightforward, particularly to the lay person. Whilst something may indicate a certain meaning, the reality can be something entirely different.

Getting it wrong can prove extremely expensive and if you are a prospective bidder you may wish to take advantage of our unique fixed price pre auction review service. We will consider the documentation provided and let you have a full report on the legal matters affecting the property for the sum of £350.00 for a freehold property and £450.00 for a leasehold property. In addition, if you are successful we will carry out the normal Conveyancing process for you at 50% of the usual cost for a Conveyancing transaction. The caveat emptor “Buyer Beware” applies so ensure you go to auction fully aware of what you are taking on.

Commissioner for Oaths

If you have a document that you need swearing, or witnessing for that matter we are able to do this on your behalf. Please telephone to arrange a convenient appointment when you can drop by and have your document sworn.

Shared Ownership

This is usually in the situation where a property is purchased from the local authority. Whilst it is bought, the purchaser buys only a share (say 50%). As to the remainder the purchaser will pay a rent to either the local authority or housing association. There are often provisions to purchase further shares. We will read through the shared ownership papers and advise you fully on its terms.

Staircasing

Staircasing is often connected with shared ownership of properties.

If you own a shared ownership property and wish to purchase further shares you will need a solicitor to deal with the legal formalities on your behalf. We can assist you with all aspects of this type of transaction.