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Other property matters related to conveyancing -

provided by Colchester based Mather & Co Solicitors

Other Property Cases Examined

Many Solicitors and conveyancers are geared up to deal with mainly “routine” property sales and purchases. See further under Costs & Fees for reasons to use a good local firm of solicitors for your conveyancing and property matters.

Therefore people sometimes find it more difficult to find a Solicitor to deal with cases which don’t fall into these categories. There are a lot of areas where this may apply. Some of them are explained below. Mather & Co are competent to deal with these less routine or standard case and are happy to do so and to talk to people about them.

Sales of part

If you are trying to sell part of your property, for example to a neighbour, this is more specialised than a routine sale. It involves your Solicitor being able to suggest to you what legal rights you may grant your buyer and what legal obligations you might impose on them. It also involves a detailed accurate plan of the land being drawn up. If you have a mortgage, you would also have to involve your mortgage lenders and get their consent to the sale.

A sale of your house while retaining some land falls into this category. This isn't always appreciated. If sales are initially put into the hands of a conveyancing “factory” it may be found that that type of outfit can't cope with the additional complications, leading to much delay.

From the buyer’s point of view when buying part of someone’s larger property, they need to be advised about what rights they may need, their Solicitor must make sure that the plan of the land being sold is adequate and that the land is properly released from the seller’s mortgage. Again a large conveyancing “factory” may not be able or willing to assist with such a transaction.

Transfers of equity.

Another area which large conveyancing “factories” may not want to deal with are transfers of equity, that is a transfer of a property from joint names to the sole name of one of the owners or from a sole name into joint names

Sometimes the transferring owner won't receive the full market value of his or her share in the property and this will have implications which have to be explained and taken into account.

If there is a mortgage, the lenders would have to be involved and the transferring owner’s interests and those of the receiving party would have to be catered for.

Sometimes stamp duty would be payable depending on the amount of money changing hands and the amount outstanding under the mortgage.

Deeds of Grant & Other Deeds

Examples are:

  • You want to grant a neighbouring property a right of way;

  • You want to obtain a right of drainage and/or to lay other services through a neighbouring property;

  • You need to have a visibility splay for a new development or as a condition of a planning permission and can't do this without involving a neighbouring property or properties;

  • A Deed to settle a boundary issue.

These are things which a large scale conveyancer would be unlikely to be interested in dealing with.

Lost Deeds/Possessory Title

If a property doesn’t have a registered title and people lose their Deeds, an application can be made to the Land Registry to be granted some form of registered title. Loss of Deeds can pose quite a problem. It is easier if the Deeds are lost while in the hands of a mortgage lender or Solicitors for example who can give an unbiased account of the circumstances. If people lose their own Deeds at home without any reasonable explanation, this can be particularly problematical. Because of this it is advisable for anyone whose property doesn’t have a registered title and has no mortgage who keeps their Deeds at home or anywhere else which may not be safe to apply to the Land Registry for voluntary First Registration.

If people have occupied land for a certain period of time, they may have enough evidence to apply to the Land Registry to be granted title to the land which is most cases would be possessory title initially rather than full title.

Applications to the Land Registry for both of the above have to be carefully worded and certain information given. Traditional Solicitors are competent to deal with these cases and with applications for First Registration. Conveyancing “factories” would almost certainly not deal with such cases.