York - 01904 716000
Wetherby - 01937 583210
Malton - 01653 692247
Wetherby 01937 583210
Malton 01653 692247
Residential Property

Residential Conveyancing Solicitors York, Wetherby & Malton

At Ware & Kay, all our residential conveyancing solicitors have been supporting clients across Yorkshire to buy, sell and manage their properties for over 200 years. If you need a conveyancing solicitor in York, Malton, Wetherby or elsewhere in Yorkshire, please get in touch.

As a locally-based firm with a first-rate residential conveyancing team and comprehensive knowledge of the residential property market, our lawyers offer expert advice, local knowledge and reassurance throughout. Whatever the nature of your business with us, we will provide a friendly, professional and reliable service at a competitive price. 

stamp duty land tax, estate agents

Our Residential property services

We specialise in areas such as:

Gazumping and gazundering – perils in an uncertain market

Research suggests that nearly a third of recent sellers have suffered gazundering, which property pundits attribute to a downturn in the market. But, in some areas, the lack of suitable properties means there is still fierce competition for homes, with buyers trying to outbid each other via gazumping.

It is certainly a challenging time to be moving home.  Unfortunately, some buyers and sellers are taking advantage of the current market to renegotiate the agreed price, threatening to pull out if their demands are not met. The good news is there are things you and your solicitor can do to reduce the risks.   Contact our legal team for help and advice.

The information you must provide when selling your home

When selling your home, you may recall the expression ‘buyer beware’. But what does this mean, and is it still relevant today?

Historically, the buyers in a conveyancing transaction have been responsible for satisfying themselves on a property’s suitability.   Nowadays though, the situation is more complex. There is more legal protection in place for buyers, who also now expect greater transparency.

If you are selling a property, it is important to provide the correct information and to get the right advice about any problems. Contact our residential property team for advice.

Buying a property from a mortgagee in possession or a receiver

As mortgage interest rates remain high, more homeowners are struggling financially. While a repossession is a last resort for lenders, the number of them is increasing and the trend looks likely to continue. However, it is an ill wind which blows nobody any good. If your own finances are sound, buying a repossessed property could be an opportunity, as typically, these properties are significantly cheaper to buy than ones sold by their owners.

Buying a property from a mortgagee in possession or a receiver can be a good way of picking up a bargain. However, it is not for everyone and there are additional issues you will need to consider.  Contact our legal team for help and advice.

Registering your property

Nearly 10 per cent of land in England and Wales has never been registered at HM Land Registry, usually because the owner bought the property a long time ago or inherited it.

If your property is not registered, this should have little or no impact on you on a day-to-day basis. However, it could put you at a disadvantage in the future, for example if you decide to sell or remortgage, and it also increases the risk of fraud or adverse possession.

If you have the papers from your original acquisition, these should indicate whether the title to your property is registered. ‘Title’ is the term we use to describe ownership of a property, and the rights which attach to it. If you purchased your property after 1990, then it should be registered, but it is possible the correct formalities were not carried out and so it is always a good idea to check.

Our team has extensive experience of dealing with both registered and unregistered land.  If your property is unregistered, we can apply to HM Land Registry to register it on your behalf. Then you will have all the advantages of being a registered owner, which will also stand you in good stead if you do come to sell.  Contact our Residential Property team for advice.

Buying a property with a roof terrace or balcony

A home with outside space appeals to many of us, but it may be hard to find somewhere affordable with a garden and, even then, you may not want the responsibility of its upkeep. A balcony or roof terrace could give you that much coveted al fresco space without the maintenance headache.

It is certainly an attractive proposition.   As a result, many developers are now incorporating balconies and roof terraces into their new builds, or owners are adding their own. However, there can be legal pitfalls for the unwary. 

We can advise you of your options. Bear in mind, non-compliance may indicate issues which are not purely legal.  As your solicitor we will also check the seller’s title to see if the work required any other consents. Call our expert Residential Property team for advice.

Selling a property quickly to get out of a mortgage

Rising interest rates have dominated the headlines recently, with the Bank of England estimating a million households could see their monthly mortgage repayments increase by £500 over the next three years. If you are affected, you may even be thinking about giving up your property so you will no longer have the burden of a mortgage.

Becoming mortgage-free would certainly help ease any immediate financial pressures.  Unfortunately, that process is rarely easy or straightforward and, whether you are already at risk of losing your home or just want to reduce your outgoings, it is important to get the right advice first. Call our Residential Property team for help & advice.

What is the registered charge on a property?

If you take out a mortgage to buy your home, your lender will almost certainly register a charge against it at the Land Registry. The charge does not transfer ownership. However, it will give the lender important rights, including the ability to sell your home if you default on your loan.

When borrowing to buy a property, most of us give little thought to how the lender protects their interest, however, the creation of a legal charge will affect how you, as an owner, can deal with your property. Conversely, if you decide to lend money to someone, for example to get on the housing ladder, it can be a useful tool to protect your loan.’

If you have plans that involve a registered charge, then discussing your intentions with us in advance will mean they can tailor arrangements to suit your individual circumstances. Contact our legal team for advice.

Selling property if you are a residential landlord

With the Renters Reform Bill aiming to strengthen tenants’ rights, and interest rates and economic pressures squeezing property investment returns, more and more landlords are leaving the private rental market. There have been claims in the media of a landlord exodus, and if you are a residential landlord perhaps you have been thinking about selling up too.

The environment for landlords is certainly very different from a decade ago.  Now could be a good time to reappraise your investments, however selling any property generates plenty of issues and a rental property has additional challenges, such as tenancy arrangements, deposits, and capital gains tax.  As well as legal advice it is important to seek financial advice in advance.  Contact our specialist team for advice.

Buying a Residential Property in Yorkshire

Buying or selling a property can be a confusing and stressful experience. Your home will probably be the most valuable asset you own – choosing the right property for you and maximising the value of your investment or selling property are hugely important.

When buying a property, there are a number of vital steps that must be carefully negotiated to prevent problems arising in the future. We will carry out a range of checks on the property, gathering detailed information about the house itself and the surrounding area. With many years of experience handling purchases and sales, as well as a thorough knowledge of the local area, our specialist conveyancing lawyers are excellently qualified for this role. We aim to make sure that your journey through the conveyancing process is as smooth as possible, and that the prospective property purchase is the right one for you, and that you receive a good and marketable title if you decide to buy. We aim to keep our conveyancing fees reasonable and provide value for money in all residential property transactions.

We can also advise on mortgage agreements and will take the time to ensure you are clear on all terms and conditions before taking out a loan.

Selling a Residential Property in Wetherby

Our residential property solicitors will make sure that all outstanding legal matters are appropriately managed so that your sale can be completed swiftly and straightforwardly.

We will correspond with the buyer's solicitor, supervising the drafting and delivery of the contract of sale. We endeavour to answer any questions posed by the buyer and their legal representatives as promptly as possible to prevent any delays.

Re-Mortgaging Legal Advice

There are a host of reasons why you might wish to re-mortgage your property. You may want to change providers to receive a better mortgage rate, or to release equity held in your home so that money tied up in your property can be used for another purpose. Our property lawyers will provide essential advice to help you make the right decision for your circumstances. We are experienced in working with local banks, building societies and other lenders to help achieve your goals.

Conveyancing Quality Scheme


We secured membership to the Law Society's Conveyancing Quality Scheme - the mark of excellence for any - conveyancing solicitor assisting in the the home buying process - in August 2011.

Ware & Kay' residential property team underwent rigorous assessment by the Law Society in order to secure CQS status, which marks the firm out as meeting high standards in the residential conveyancing process.

Law Society President John Wotton said that the Law Society introduced CQS to promote high standards in the home buying process.

CQS improves efficiency among conveyancing service providers with common, consistent standards for conveyancing fees and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service.

"Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor. There are many different, conveyancing advice service providers out there, making it difficult for home buyers to identify those which can ensure a safe and efficient level of service."

Michael Peach, conveyancing solicitor at Ware & Kay says: "Ware & Kay is delighted to have secured CQS status. It is recognition of the high standards we provide to our residential property clients and is a signal to future home buyers of the excellent service level we provide at what is often a stressful time for many people."

"The overall beneficiaries will be clients who use Ware & Kay when buying a home. They will receive a reliable, efficient service as recognised by the CQS standard."

The scheme requires practices to undergo a strict assessment, compulsory training, self reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers. The profiles of our residential conveyancing experts are in the right sidebar of this page.

Please click on the appropriate Planning Portal* link which is an interactive guide for householders:


help to buy istock 000000910175small news
Terraced Houses

*Planning Portal is the UK Government's online planning and building regulations resource for England and Wales.

You should also bear in mind that alterations to properties often need (in addition to planning permission) building regulations approval, restrictive covenant consent under the terms of the title documents to your property and/or formal consent from your mortgage lender. Again, the experienced property lawyers at Ware & Kay can advise you on each of these issues.

Contact our Conveyancing Lawyers in Yorkshire

The residential property conveyancing team at Ware & Kay will provide clear, jargon-free legal advice. Whether you are  a first-time buyer or experienced property investor, our lawyers are on hand to guide you through every stage of the conveyancing and legal process. With over 200 years advising clients in Yorkshire, Ware & Kay solicitors are ideally placed to assist you.

To discuss your residential property transaction, call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or fill out our online conveyancing quote form. When choosing your residential conveyancing solicitor you can rest assured that Ware & Kay's regulated solicitors will provide expert conveyancing services.

For a Residential Property Quote,
click on the icon below:

WK PW App Logo

Contact us
Holly Stevens Bio
Holly Stevens Director - Residential Property
York Office

Contact Holly

Michael Peach Bio
Michael Peach Non-Executive Director
Wetherby Office

Contact Michael

Lucy Gilman
Lucy Gilman Associate Director & Head of Wetherby Office
Wetherby Office

Contact Lucy

Joanne Clark Associate - Residential Property
Wetherby Office

Contact Joanne

Louise Davis Associate – Residential Property
York Office

Contact Louise

Catherine Edge Associate - Residential Property
York Office

Contact Catherine

Heather Mackins Associate, Head of Residential Property
Malton Office

Contact Heather