Residential Property
Buying a Home - Guide to the Legal Process
Once you have found the new home you wish to buy and all the terms have been agreed with the Seller either directly or through an Estate Agent, the Seller will instruct their solicitor. The Seller or Agent will provide a copy of the Energy Performance Certificate for the property and the Seller's solicitor will prepare a contract pack to send to us. This will include the contract itself setting out standard terms, the price and any special conditions. The pack will also include evidence of the Seller's ownership (their "title to the property") and any other title documents referred to... Read more
Selling Your Home - The Legal Process
Once you have accepted an offer on your property from the proposed buyer, you will need to contact us with your instructions and let us have details of the deal you have agreed. Once the offer has been accepted, the Estate Agent will send to us Sales Particulars identifying the parties in the transaction, the legal representatives, the agreed price and any other special conditions agreed in the deal. Once you have nominated us to act, we will send to you our Terms and Conditions and the property questionnaires for you to complete and return to us. These questionnaires deal with... Read more
Property Ownership Guidance
Property ownership comprises two elements: first, there is the legal title and secondly there is the beneficial entitlement. The legal owners are those shown on the deeds but they are not always the persons who are entitled to benefit from the property. This is a very important consideration as there are various ways in which the legal and beneficial entitlement to property can be dealt with to suit the intentions of the parties involved. We have set out below some brief guidance as to the different methods of ownership: Joint Tenants This is where all of the legal owners are also... Read more
Searches and Search Indemnity Guidance
Introduction We strongly recommend that searches are carried out in a purchase transaction to ensure that all relevant information is available to you to assist you in your decision whether or not to proceed with the transaction. Although we would always advise that searches are carried out, in some cases, search indemnity insurance may be an alternative to be considered. In most cases we are required to carry out searches to protect you and ensure that we comply with your mortgage lender's requirements. However, some lenders will, as part of the package offered to you, put in place... Read more
Jargon Buster
Absolute Ownership : Unconditional ownership. Abstract of Title : A summary of the title deeds and documents which proves ownership of unregistered land. Often an Epitome of Title is used instead. Adverse Possession : Often referred to as "squatters' rights" and is the occupation or possession of property without the permission of the owner, which if it has continued for 10 or in some cases 12 years openly without challenge and has excluded everyone else from using the land or property then the owner may be prevented from claiming it back. Adverse Rights : Rights which someone other... Read more
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