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Conveyancing & Property Law

Property law includes the buying, selling, or renting of both residential and commercial property. Dealing with property often involves some of the largest financial decisions you will ever make. It is not a process to leave to chance and you want to make sure that everything is in order and that you can make wise, informed decisions. We can help with a range of property transactions whether you are buying and selling residential or commercial property or leasing commercial premises.

What is conveyancing?

Conveyancing is the transfer of legal ownership of one property from one person or business to another and the process starts when an offer is accepted by the seller of the property. It is worth noting that buying or selling property in Scotland has different rules to England and Wales.

A conveyancing solicitor is a qualified lawyer who acts on your behalf, whether you are the buyer or seller, throughout the entire transaction. Your solicitor can help with property negotiations and contract drafting, review and advise on each step in the process, and the likely timeframes and costs involved.

Conveyancing is time consuming, complex and can be risky if you do not understand the laws and processes. Our conveyancing solicitors offer competitive fixed fee rates. We have local experience and are an approved practice under the Conveyancing Quality Scheme (CQS) which means our quality service is recognised by The Law Society.

Buying a property

Surveys and searches

It is important to make sure a thorough investigation is made of the property you would like to buy before money changes hands. Surveys and searches are intended to flush out any legal, environmental, or structural issues that may exist or are likely to arise in the future. If a mortgage is needed to purchase a new property, the lender will require a series of searches to be undertaken. Your conveyancing solicitor will do the following on your behalf:

  • Local authority search to get information on things you may not otherwise be aware of such as plans for development, the presence of radioactive gases in the ground and so on.
  • Check the title register to ensure the person you are buying from is the legal owner and entitled to sell the property, i.e., maybe it is jointly owned by a husband and wife.
  • Arrange water searches to ascertain how the property gets its water and any public drainage networks.
  • Organise environmental searches, flood risk or other site-related searches.

Exchange of contracts

The seller’s solicitor prepares the contract and sends a copy to your solicitor who will review it for any potential issues. The seller will be asked for other information relating to the property via a series of forms that cover, for example, boundaries, parking, insurance, the fixtures and fittings included in the sale, the Energy Performance Certificate, etc. If any issues arise your solicitor will make further enquiries and if necessary, negotiate on your behalf with the seller’s solicitor. Your solicitor will ensure that you are happy and wish to proceed. You and the seller both sign copies of the contract and a completion date is fixed. At this point the sale becomes legally binding.

Completion

If you are buying with a mortgage your solicitor will receive the funds and will make the transfer into the seller’s solicitor’s bank account. Once the purchase price has been received and acknowledged, the property becomes legally yours and you can arrange with the estate agent or seller to collect the keys! Your solicitor will register the transfer of ownership with the Land Registry and the buyer receives a copy of the registered title.

You will need to pay stamp duty to HMRC and again your solicitor will normally arrange this for you. Once all this has been done your solicitor will tell the mortgage lender and the buyer and send the right documents to the right people.

Buying a commercial property

When it comes to buying commercial property the conveyancing process may vary a little.

Commercial property is classed according to its use, for example, hotel, shop, industrial site, office, etc., so it is essential to check the planning use for the property you propose to buy. While it may be possible to adapt the venue to your purposes, you will you likely need planning permission.

Large commercial properties will obviously be more complex and take longer to ensure all the finer details of the purchase have been dealt with. It will be necessary to investigate the property title and carry out pre-contract searches. It is likely questions will arise that need to be dealt with by the seller of the property. This due diligence stage is crucial to ensure no costly mistakes arise in the future.

Commercial leases

A lease agreement is a legally binding contract that allows the tenant to use the premises for business purposes for a set period. Before signing a lease, you need to consider each element – the respective rights and responsibilities of the tenant and landlord, hidden costs, the length of the lease and whether or not a break-clause is required. A deposit will be required, and rent is usually paid quarterly.

We know how stressful a property transaction can be and use our many years of experience to make sure that everything flows smoothly and that you are getting what you expect. We have seen many property contracts and know where to look for the pitfalls. We will expedite the process as much as we can, while protecting your interests and keeping you informed of progress.

If you need assistance, contact [email protected] or call 01289 306724 for expert legal advice.