Frequently Asked Questions

ALL FAQs WILLS LPA PROPERTY BUSINESS EMPLOYMENT FAMILY ABOUT US

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What is conveyancing?

Conveyancing is the legal term for the preparation of documents for the buying or selling of property.

How long will it take for all my property transactions to go through?

This depends on many factors including the parties involved and the property itself. At HighStreetLawyer.com we will keep you informed of progress throughout your case.

Indemnity Insurance protects buyers against defects in the title of a property and which cannot be resolved. This includes things like restrictive covenants, easements and any other hidden encumbrances which were not known about at the time of purchase. The policy is normally paid for by the seller.

What is the advantage of using HighStreetLawyer.com?

HighStreetLawyer.com is a network of experienced and knowledgeable solicitors chosen for their excellent client care. We will make all arrangements with an approved solicitor near you who will guide you through the buying and selling process.

Can't I just do the conveyancing myself?

It is possible to do your own conveyancing, but it is not advised. For most people, their home is their largest financial asset, so they want to make sure that nothing goes wrong when buying or selling it. Conveyancing can be rather complicated, and legal implications of mistakes can be serious. Furthermore, many mortgage lenders will insist on employing a solicitor to protect their interests, and the other people involved may reject your offer if you are not using a qualified solicitor.

How will I know if there are any issues affecting the property which are not included in the title deed?

Your solicitor will carry out a range of appropriate searches against the property as well as enquiring about the property from the seller. This should reveal most of the issues affecting the property. Your solicitor will advise you on when it is appropriate to take out indemnity insurance or a home owner's protection policy.

What is a home owner's protection policy?

A home owner's protection policy protects the buyer on a no fault basis against things like boundary issues, fraud, misrepresentations by the seller, land registry issues, planning issues and access ways and drainage issues you did not know about at the time of purchase.

What is a restrictive covenant?

A restrictive covenant restricts the use of the land in some way. Restrictive covenants 'run with the land' meaning that if a previous owner of the land creates a restrictive covenant, it will bind all future owners.

What is an easement?

An easement is a right which a person has over land which is not his own. An easement is a right over one piece of land for the benefit of somebody else's land. Easements include rights of way - allowing you to pass over your neighbour's land to access your own and easements of support - if you live in a terraced house, your neighbour has an easement to prevent you knocking down the supporting wall of his house. There are other forms of easement such as easements of light and air preventing your neighbour from blocking your window and compromising your right to light.

Your solicitor will be happy to advise you on the effects of an easement on your land, or creating an easement for your benefit.

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What is squatting?

Squatting is when someone occupies an empty or abandoned property which they don't own or rent, without the owner's permission.

Can squatters become the legal owners of a property?

A person can obtain an ownership title to a piece of land after living in it for a certain amount of time, but it is quite difficult. It is called 'adverse possession', when the squatter is there without the permission of the legal owner. In unregistered land, (which is on the decline as more land becomes registered), squatters must occupy the land continuously for twelve years to obtain ownership. In registered land, a squatter must be present for ten years, after which he can apply for registration as the owner of the property. As part of the process, the current registered owner is informed and can object, thereby stopping squatters from taking ownership.

If you have a problem with squatters, our solicitors would be glad to help you.

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I have spent money on my rental property on the understanding that I would be able to live there for a considerable amount of time. I am now being told I have to leave. What can I do?

If you have been given an understanding that you had an interest in, or ownership of property, and you have spent money on the property based on this understanding, then the law may give you protection if it would be unfair not to enforce your expectations.

Our solicitors would be happy to advise you on your rights in such a situation

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Can HighStreetLawyer.com help me with my planning permission problem?

Our solicitors would be happy to advise you on any planning permission issue you may have.

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Can I renegotiate the offer I have given for a property I wish to buy?

The contract price is fixed once the contracts have been exchanged and signed. If you have made an offer for a property, and later establish that the property needs a substantial amount of work done which you were not previously aware of, you can attempt to renegotiate with the seller. If the seller does not agree to the new price, then you can pull out as long as the contracts have not yet been exchanged.

Our solicitors would be happy to advise you on this matter

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What happens if the survey reveals something which I had not already bargained for when agreeing the price?

As long as the contracts have not yet been exchanged, you can attempt to renegotiate the price with the seller. If the seller refuses to negotiate with you, you can pull out. Once the contracts have been exchanged you are obliged to pay the contract price.

How does the buying process work?

Once your offer has been accepted by the seller, your solicitor will then contact the seller's solicitor and obtain a draft contract. The contract will then be checked by your solicitor who will negotiate the terms with the seller's solicitor. Your solicitor will also carry out local searches, check the deeds are in order, and will raise any queries unearthed by the property search. These include confirming the exact boundaries of the property, researching any disputes relating to the property, planning permission constraints, and rights of way or restrictive covenants.

Once all the paperwork is complete, you will pass the remaining balance through your solicitor, who will register you as the new owner at the Land Registry, and on completion date, you're all set to move in!

Our solicitors would be happy to help you buy your new property.

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How does the selling process work?

When you have found somebody to buy your home, your solicitor will prepare a draft contract to be sent to the buyer's for consideration. The buyer's solicitor will then perform various information searches on your property, and queries raised will need to be answered such as the boundaries of the property and whether there is planning permission. Your solicitor will consult you before responding, but don't worry, this is quite normal and your solicitor will have plenty of experience in preparing a response.

Once all queries have been settled, the contracts can be signed and a completion date set. Upon the exchanging of contracts, the sale becomes legally binding. On completion day, your solicitor will receive the rest of the balance, and it will be time to hand over the keys to the new owners and move out!

Our solicitors would be happy to help you sell your property.

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What does it mean when there is a 'chain' when I am buying my property?

A chain arises when you are buying a house, buy you can't complete the purchase until your own house is sold. Likewise, your buyer can't buy until they have sold their own house. This could create a chain of numerous buyers and sellers, all waiting for everyone else to sell and buy. Problems may arise if someone along the chain pulls out of their sale or purchase. Your solicitor together with your estate agent will try to co-ordinate all the transactions in the chain.

How much will it all cost to buy/sell my house?

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Somebody has left me their house in their will. What do I do?

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What is a Joint Tenancy?

When two or more people buy a property together, there are two ways of holding the property; either as 'joint tenants', or 'tenants in common'. A joint tenancy means that the property is collectively owned in its entirety by all the owners. When one owner dies, his interest in the property automatically passes to the surviving owners. It is not possible to leave an interest in a joint tenancy in a will, as when one owner dies, his interest disappears. This method is best for people in a stable relationship who are happy to have unspecified shares in the property and for their interest to pass to their partner in the event of their death.

What is a Tenancy in Common?

A tenancy in common is a method of joint ownership of a property. Tenants in common each own a specific portion of the property, relating to the amount of money they have put towards the property's purchase price and mortgage contributions. When a tenant in common dies, his/her share is passed down in their will.

Since each of these has its own legal ramifications, our solicitors can advise you on which is most appropriate for you.

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What is transferring equity?

Transferring equity occurs when a joint owner transfers or sells their interest to another owner of that property.

If you wish to transfer your ownership from a joint tenancy to a tenancy in common or vice versa, it is advised that you speak to a solicitor who can guide you through the process.

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How can I change Joint Tenancy to a Tenancy in Common?

This is known as severing a joint tenancy and will require consent of your co-owners and will need to be registered correctly at HM Land Registry where the deeds to your property are maintained.

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My partner and I are not married. Will this affect how we own our house?

For unmarried couples, there are three capacities in which you can own your home. If you are named as the owner on the title deed, then you are presumed to be the legal owner. There are two types of joint ownership - joint tenancy and tenancy in common.

Joint tenancies mean that you would each own the entirety of the home together, so if you split up it would be severed to create equal shares. If one of you dies, the property will pass to the other rather than through your will.

Tenancies in common allow a couple to determine the proportion of the property that they own. It is usually determined by the amount contributed to the acquisition of the property, but can take into account some other financial contributions such as mortgage payments. Shares of tenants in common can be passed on in a will.

Since each of these have important legal ramifications, it is advised that you consult a solicitor to guide you through the process.

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What is common law marriage?

Contrary to popular belief, 'common law marriage' does not exist. Regardless of how long a couple have been together, children they have together, and how seriously they view their commitment, if they are not legally married, they are not given the same legal protection as married couples. This means that when an unmarried couple splits up, they could not be entitled to any of their partner's assets.

To find out what you are entitled to, speak to one of our solicitors.

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I am married. Will this affect how I own my house?

Marriage will not affect the way the property is owned. What it will affect is what happens to the property should you get divorced. Ownership is determined by you and your spouse, who can choose whether it should be in one of your names, owned as joint tenants, or a tenancy in common.

It is best to obtain legal advice to establish what the best option for you is.

My partner and I are unmarried. What will happen to our house should we split up?

With unmarried couples, there are certain presumptions depending on the way in which the property is owned. If it is in one partner's name, there is a presumption that they are the sole owner. If it is held in a joint tenancy, there is a 50:50 presumption, and for a tenancy in common, it is presumed that each partner owns the shares they put into the property.

It is best to obtain legal advice to make sure you know what the implications of your ownership are.

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I own my house as joint tenant and want to move out. How will this affect my ownership?

As a joint tenant, you and your fellow owners each own the whole property. If you were to die, your share would not be passed to anybody, it would simply disappear, and the other owners would continue to own the whole thing. If you keep your ownership, you will receive an equal share should the property be sold. To regain the value of your share, you can sell it to one of the other owners, (known as 'severance') and the joint tenancy would be converted into a tenancy in common.

I own my house as tenant in common and want to move out. How will this affect my ownership?

As a tenant in common, your interest in the property is clearly defined, so you can move out and retain your interest. You can sell your interest to one of the other owners, or obtain it when the property is sold, but if you do not then it can be passed down in your will.

What is a remortgage?

A remortgage, (also known as 'refinancing') is the process in which a homeowner transfers their mortgage from one lender to another, using the same property as security. A person may remortgage for a variety of reasons; to secure a better rate or more flexibility on their mortgage; to reduce the size of their repayments; to pay off their mortgage earlier; or to raise capital on their property.

How can I remortgage my property?

When considering remortgaging, it is necessary to take advice from a qualified lawyer. HighStreetLawyer.com will provide you with an experienced and knowledgeable solicitor to guide you through the process.

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What happens to my mortgage when I move house?

Usually the money received from the sale of your house will be used to pay off your existing mortgage which will then be cancelled at the Land Registry. Some mortgage lenders will transfer your mortgage to your new property.

What is the difference between a lease and a license?

If you are renting property from somebody, it is important to establish whether you have a lease or a licence, because a leaseholder has considerably more rights than the licensee. Under a licence, you will only have the right to occupy the property. The landlord will be able to enter the property at any time. With a lease, the tenant has the exclusive possession of the property for a certain period of time in which the landlord cannot enter without permission.

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