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Archive for the ‘Moving Home’ Category

Cohabiting and buying property together… what do you need to know?

With the recession, it is perhaps not surprising that we are receiving reports of increasing numbers of cohabiting couples seeking relationship breakdown advice. Cohabiting couples frequently misunderstand how the law applies to them…

Drawing a Line Under Boundary Disputes

There appears to be little let-up in the flow of press coverage relating to examples of legal costs in boundary disputes between neighbours reaching astonomical figures. These disputes are usually fought with disproportionate ferocity, considering the value of the land, and regularly go all the way to trial, when most other disputes would have settled out of court.

Thinking of investing in land?

An increasing number of disappointed investors are making complaint, having been snared into “land banking” schemes.

Invariably, a cold call from a company with an impressive name prompts the private investor to show an interest in the concept of buying land on the hope that one day, it will be the next Cribbs Causeway or (dare I say) Bradley Stoke. Buy land – after all, they aren’t making any more of it! What do you need to be aware of?

By their Deeds shall ye know them

The Land Registry’s reliance on paperless deeds gives ID theft opportunities.

When the Land Registration Act 2002 abolished paper deeds, professionals voiced concerns about how easy it would be for fraudsters to impersonate landowners to bring about sales or mortgages of property. With anyone able to check ownership, and mortgage status of registered property at the click of a mouse, a lot of information is publicly available which can help villains transfer ownership of properties fraudulently.

Did you know? – Registration Fraud

Fraud fact: Just over £5 million was paid out by Land Registry in 2008/9 for 62 fraud and forgery claims, out of more than 4 million applications to change the register

Anyone who owns a property they do not live in, such as buy-to let landlords, or those living abroad may be at increased risk of registration fraud.

Did you know? – Drainage searches

Why conveyancers obtain drainage and water searches ?

These contain information as to:

whether foul water and surface drainage from the property drain to a pubic sewer,
the location of public sewers within boundaries of the property or its vicinity,
whether the sewers or proposed sewers are adopted,
the location of public water mains and whether the property is connected,
the basis of charging for the sewerage and water supply to the property

Lawyers are people too …….

In my  Conveyancing team I  have :

  • One attendee of  Westlife concert
  • A keen gardener
  • 2 netball players
  • A new mum to be
  • An advanced driver
  • A qualified driving instructor (not the same as the above)
  • A lay preacher
  • An equestrian
  • A scuba diver (same person as the above)
  • An arm chair sports fan (it’s a serious business…)
  • A new Mum for the 2nd time
  • A golfer, or two
  • A keen cyclist
  • An occasional runner, or two

 Susan Ellis - Head of Conveyancing team

Did you know? – Voluntary First Registration

- that 30% of Land in England and Wales is unregistered *

- that even if your title is currently unregistered you can apply to the land Registry for this to be registered.

Did you know? Land registration

All land and property ownership in England and Wales is subject to a system of registration at the Land Registry. Land registration confers benefits and safeguards to property owners. In particular the registered title is guaranteed so that if an owners suffers loss as a result of an error in the title, compensation should be payable.

Did you know? – that ‘deeds’ are a thing of the past

Or certainly this is the case for property which has a registered title, which applies to some 70% of property in England and Wales.

Since the Land Registration Act 2002, came into force on 13 October 2003, no physical deed is now issued by the Land Registry when property changes hands or any other change is made to it. Instead the title is held by the Land Registry electronically. It is open to the public and anyone can view this.