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06 November 2019 Residential property

When many of us think about heritage properties, we think of buildings associated with our architectural past: a castle, stately home or elegant Georgian townhouse perhaps. But new developments, such as barn and warehouse conversions, may also be heritage properties if they are listed or in a conservation area. In this article, Philip Taylor, residential property expert with Pearsons & Ward in Malton looks at the different categories of heritage property and the implications for buyers who face the prospect of having to deal with the obligations that go hand in hand with owning a property of historical interest.  ‘If you are considering buying a listed building, a property in a conservation area or a property that appears in a local heritage asset list, then it is important that you speak to your solicitor at…
06 November 2019 Residential property

If you occupy land or buildings, then you will usually be under a duty to take reasonable steps to prevent anyone visiting you being killed or injured or suffering damage to their property.  You will also be under a duty not to do anything which may cause harm to your neighbours. The extent of the duties imposed on you will vary depending on the circumstances but where a breach of duty occurs the consequences could be serious, as Johanne Spittle, Head of Litigation with Ware & Kay in York & Wetherby explains.   ‘We live in a world where anyone who suffers damage or personal injury expects to be compensated’ says Johanne.  ‘This includes people who are lawfully on your property like employees and invited visitors, but also those who are there unlawfully like squatters…
08 October 2019 Residential property

In the recent case of Stanning v Baldwin the Court was asked to consider a number of issues one of which as to whether the redevelopment of the Claimant’s property and construction of 4 houses would lead to an intensification of use of a right of way over a land owned by the Defendants. The Claimant, Glynis Stanning, owned The Coach House, access to which was over an unsurfaced and unadopted track over Gerrards Cross Common near Slough, a local beauty spot registered as common land. The track was the sole means of vehicular access and the right of way arose by prescription. In 2017 the Claimant obtained planning permission to demolish the Coach House and to erect four terraced houses, with underground parking for nine cars and with access to continue over the…
01 October 2019 Residential property

Experts predict that the housing market will face some challenging times in the months ahead as the number of sales continue to fall. With the average house now taking over 19 weeks to sell, the outlook may appear disheartening if you want to sell. There are still buyers out there, searching for their next home from a smaller pool of properties, and Philip Taylor, a residential conveyancing expert with Pearsons & Ward in Malton, offers some advice on selling your home in a flat market. Be realistic on price Market data suggests that overall house prices are slipping. There are strong regional and local variations, so it pays to research the sale price your home may realistically expect to achieve. Local estate agents should have a good idea of how much your property is likely…
15 May 2019 Residential property

More than 85 per cent of land in England and Wales is now registered with HM Land Registry; however large swathes of rural farmland remain unregistered. Land is often farmed by the same family for years and therefore no ‘trigger event’ arises which would require first registration. Philip Taylor, Head of Residential Conveyancing and agricultural law specialist at Pearsons & Ward Solicitors in Malton explains when it is compulsory to register unregistered land and outlines the benefits and the pitfalls for those who do not. When you should register All land or property must be registered with HM Land Registry if you have: purchased it; been given land or property as a gift; inherited any land or property; leased it for more than seven years; received it in exchange for other property or land…
07 December 2015 Residential property

On 1 December 2015, HMRC clarified to Practical Law Tax the additional rates of SDLT that will apply to acquisitions of additional residential property (for example, second homes and buy-to-let properties) with effect on and from 1 April 2016. If the total chargeable consideration provided for such a property exceeds £40,000, the entire consideration will be subject to SDLT at the following rates on a progressive basis: 3%: £0 - £125,000. 5%: over £125,000 - £250,000. 8%: over £250,000 - £925,000. 13%: over £925,000 - £1.5 million. 15%: over £1.5 million.   The announcement in the 2015 Autumn Statement was unclear and it transpired that practitioners and commentators had interpreted the announcement differently. Consequently, following an update published by the Law Society (see Law Society, Autumn Statement: changes to SDLT), Practical Law Tax contacted…
05 January 2015 Residential property

Buying a home is one of the largest investments most of us will ever make. To protect your investment, at Ware & Kay we carry out the following conveyancing searches to ensure your new home holds no nasty surprises: Land Registry - as your solicitor we will obtain official copies of the register of your new property from the Land Registry.  This confirms the seller's ability to transfer ownership of the property to you, shows the boundaries of the property and any rights or restrictions that may affect your use or enjoyment of it. Land charges - for unregistered properties there is no central record of title.  Instead, we will examine the deeds and carry out searches against the previous owners of the property at the Land Charges Department. Local authority - this…
10 January 2014 Residential property

The 'dream of home ownership' can now become a reality for many people who had thought it might be out of their reach, under the government's new Help to Buy schemes. However, home ownership is not without its risks both financially and personally so it is wise to take legal advice at an early stage to protect your interests. There are two schemes which can help you fund a house purchase up to the value of £600,000: equity loan scheme - offering an interest free government loan of up to 20 per cent of the value of the property for the first five years. You need to put in a five per cent deposit and get a mortgage for the 75 per cent balance; or mortgage guarantee scheme - the government will guarantee up…
11 October 2011 Residential property

If you are buying, acquiring or holding property jointly with someone else it is important that everyone understands the basis of joint ownership from the beginning. There are two sorts: Joint Tenants and Tenants-in-Common. ("Tenant" does not have its usual meaning of someone paying in rent in either case). Joint Tenants: Joint Tenancy is the form of joint ownership where two or more people own the property together on the basis that: On any sale of the property, the proceeds of sale are automatically divided equally between the parties, regardless of the contributions they may have made to the original purchase price, subsequent improvements etc. If any joint owner dies, his/her share automatically passes to the surviving owner(s). This transfer happens without payment and is not affected by any Will the deceased owner may…
26 September 2011 Residential property

Chancel repair liability is the responsibility on some property owners in England and Wales to pay for repairs to the chancel of their local church.  The Chancel is the part of the church reserved for the use of the clergy or choir, and where the altar is placed. Making enquiries of your local PCC to find out if you have potential liability is not advisable, as this may alert them to the need to register their interest, and insurance would not then be able to be obtained. History Historically, the responsibility for the upkeep of a church was divided between the rector (the clergyman in charge of the parish) and the parishioners (the members of the parish).  Subsequently, parishioners' responsibilities were transferred by legislation to the church, but rectors were still responsible for the…
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