Longridge: 01772 783 314 | Garstang: 01995 602 129 | Lancaster: 01524 581 306 
 
Longridge: 01772 783 314 
Garstang: 01995 602 129 
Lancaster: 01524 581 306 

Posts tagged “Property Advice”

What are Covenants? 
 
Covenants are important matters, contained in the property’s title, that affect the land and can be either positive or restrictive. 
 
They can be found within the Official Copy of the Register of Title. The Official Copies may contain a schedule which will outline the covenants for your solicitors in Lancaster Lancashire to study. The Official Copies may also refer to specific documents which contain covenants. Your solicitors in Lancaster would then request copies of such documents to gain clarity on what the covenants are and what they mean for their client. 
What is an Easement? 
 
MG Legal, Conveyancers in Manchester, see Easements as being like vouchers or IOU’s. The Land Owner gets a right (or a voucher) to use, or in some cases not use, the land in a certain way. For example, the land may grant you one voucher to cross next doors land.  
 
However; certain conditions must be met before an easement can exist, namely: 
 
(a) As is every relationship one must get it better than the other! That is; there must be a piece of land that gets the benefit of the land (dominant) and a piece of land that has the burden of it (servient). 
 
(b) The right must benefit the dominant land 
 
(c) the dominant and servient (…get your head out of the Gutter we are not talking 50 Shades, we’re talking pieces of land!) must not both be owned and occupied by the same person; and 
 
(d) the right must be capable of being granted by deed, so therefore they must usually be: 
(i) within the general nature of rights capable of being easements, and 
(ii) sufficiently definite. 
The issue may not be quite as bleak as first it sounds. Leaving aside the messy issue of Brexit; one of this current Government’s main commitments is to build new affordable housing. And build they are! We are currently living in new build BOOM! (Just thought I’d put some capitals in to distract from that terrifying figure I mentioned before!). 
 
Many who are part of “Generation Rent” believe that they may never be able to afford their own home as month after month they pay a huge proportion of their rent to Landlord’s each month. This is a far cry from the previous generation when it seemed that every man, woman, dog and cat…. you get the gist…. owned their own home! 
Although, as your property solicitors Preston will advise, there is a duty on the seller to disclose any relevant information about a property they are selling - the general rule is known as ‘Caveat Emptor’. Essentially, this means let the ‘buyer beware’, and stipulates that the buyer should make the necessary investigations prior to Exchanging Contracts when buying a property. 
 
This brings us to the responsibilities of your conveyancing solicitors Preston who are on hand to ensure the integrity of, and make the necessary enquiries about the property being purchased. 
At MG Legal, we understand that the term ‘First Registration’ may mean nothing to you. However, if you are purchasing a property that is currently unregistered at the Land Registry, your solicitors in Lancaster will be required to carry out this process on your behalf. 
Recent changes to the Stamp Duty Land Tax system have produced massive benefits to first time buyers, with a total exemption of paying any SDLT on properties under £300,000.00 (See our ‘First Time Buyers – A Helping Hand’ blog for more information). Taking a different view, there are now questions as to the effects on those purchasing second properties, and many are questioning there is a need for review. 
 
Many people purchase second properties as an investment opportunity to be used as buy-to-lets, with others purchasing additional property for holiday home purposes and leisure. Records indicate that since the year 2000 the number of people purchasing more than one additional property has increased by 30%.  
 
But is this enough for our economy, and what are the effects? 
At MG Legal, your property solicitors Preston, we understand that the term ‘Japanese Knotweed’ would be the last thing on your mind when moving home. To your conveyancing solicitor Preston, however, this is a term of high importance within the conveyancing process. 
 
Now-a-days, every moment of our lives is consumed with entering into a contract and usually, by proxy, agreeing to the Terms and Conditions. If you're signing up for a new 'phone contract, or you're simply purchasing a loaf of bread, a contract is being formed. We know - this seems crazy - but, believe it or not, the terms of buying and selling items in shops (and some other places), for example, are covered by the Consumer Rights Act 2015, which covers both the sellers and the buyer alike. 
 
However, for other agreements, a written contract is required which has to be signed by both parties to be legally binding. The most obvious one is when you sell or purchase a house (if you're selling or buying, contact MG Legal's expert team today for first-class advice). Both parties have to sign a contract which, once exchanged (see our blog on 'The Conveyancing Process'), means that both parties are legally bound to see the contract through. And, if one party fails to uphold their end of the contract, there are usually sanctions in place. 
In figures released in November 2017 the Family-aimed legal group, Resolution, stated that the numbers of people in the UK co-habiting had doubled from 1.5 million in 1996 to over 3.3 million in 2017; a number which has surely risen since that date. Resolution also surveyed a group of 2,000 individuals, which showed results of a huge misunderstanding of the law and their rights as co-habiting couples. For example, one common misconception, was the principle of 'Common-Law Marriage'. (For their full results see their article here). 
 
'Common-Law Marriage' is a legal principle which exists in only a small amount of jurisdictions, whereby co-habiting couples are granted rights under the law if they are effectively married i.e. they are arranging their affairs as a married couple would and they are married for all intents and purposes, expect without the legally binding document or religious service.  
When you are buying or selling a property or land, it can seem like the most daunting thing in the World. Estate Agents, Solicitors, Chartered Surveyors: the list of people who you need to talk to goes on and on, but what are they really talking about? 
 
To help you along the way, our Garstang Solicitors have complied a step-by-step guide on the Conveyancing Process (also known as buying and selling a house) to help you get a head start on what you need to do. Don't worry if you have any questions about the process or about your sale and purchase, just give us a call on 01995 602 129 or email us on enquiries@mglegal.co.uk.  
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