Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
This is a regulated tenancy from 1971. The tenant has access to a shared garden, and has used and maintained it since he moved in. The garden is shared with the basement flat below.
The freeholder of the building is also his landlord. The garden in not mentioned in his tenancy, but it is listed as a shared garden on his rent registration with the VOA. In addition, the freeholder/landlord has confirmed in a letter to him around a year ago, that the tenant indeed shares the garden with the flat below. The freeholder/landlord as never in the 52 years of the tenancy, ever maintained the garden, nor have they ever objected to the tenant using it.
Because of the tenant’s continuous use over many years, the shared garden now effectively forms part of his tenancy, and there is law and case-law to confirm this.
The freeholder/landlord is now selling the vacant flat below, and has divided the garden up with fencing, and given the tenant access to a portion of it — around 40%. The basement flat will have 60%. The tenant is not happy with this, but the freeholder/landlord is just going-ahead with dividing the garden, and doesn’t care what the tenant thinks.
Question: If the tenant writes to the freeholder/landlord, and clearly states his position ie: claims his rights to the shared garden, together with the supporting documentation, will the freeholder/landlord have issues selling the basement flat with clear title? ie: will the freeholder/landlord be compelled to tell any potential purchaser, that the tenant above is claiming access to the whole garden? If so, then that of course will put the tenant is a strong negotiating position.
Many thanks for your help in advance.
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