Redevelopment and excessive user of a right of way

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…

Selling your home in a flat market, some top tips

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 our residential conveyancing team 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 to fetch, and it is a good idea to speak…

Avoiding pitfalls of unregistered land

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. Our Residential Property experts at Pearsons & Ward Solicitors in Malton explain 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; or had it mortgaged. Farmers should…

Sdlt Additional Rates On Acquisitions Of Additional 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…

Buying A House We Will Do The Homework

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…

Is Help To Buy The Key To Your Dream Home

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…

Owning A Property Jointly

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…

Chancel Repairs

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…

Tenancy Deposit Schemes

This checklist explains what a tenancy deposit scheme (TDS) is and what a landlord's obligations are under a TDS. What is a TDS? A landlord under an assured shorthold tenancy (AST) must protect a tenant's deposit by using an authorised tenancy deposit scheme (TDS) operated by an approved scheme administrator. A TDS has two main objectives: To ensure that, when a tenant pays a deposit, it will be protected and returned to the tenant at the end of the AST, except when the landlord has a legitimate claim on it. To resolve disputes between landlords and tenants using dispute resolution rather than via the courts. There are two types of TDS: There are two types of TDS: A custodial TDS requires a landlord to pay its tenant's deposit to a…

Light At End Of Tunnel

Slowly but surely, we are seeing signs of increased activity in the housing market, as are fellow professionals in local estate agencies. Another sign of optimism locally is that City of York Council has recently given the green light to a 20-year development plan which includes a target 800 new homes per year, which would play a vital role in renewing supply for first-time buyers in the city. Without doubt, there is a great deal of frustration amongst many people seeking to get onto or move up the housing ladder. However, if you have been wondering when to put your house on the market, now may well be that time. You no longer need a home information pack, following their abolition last year, but you will need to commission an Energy Performance Certificate and produce…