Property

PROPERTY (PERSONAL)

Protecting and maximising your property interests is a key part of any business. Whatever the property, RJS can advise on all the issues you face, including acquisition and disposal interest, leases, licenses and rent reviews, renewals and breaks. Whether you own a shop or have a portfolio of properties, RJS Solicitors can help take care of your property interests. From acquisition management to the ultimate disposal of a property we are here to help.      

To learn more about a particular topic within the ‘Property’ side of law, just choose from the menu below and it will take you to that section:

  • Buying and Selling a Property
  • Buy to Let
  • Buying or Selling at Auction
  • Remortgaging
  • Right to Buy
  • First Registration
  • Property Transfers
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Buying and Selling a Property

Nearly everyone during their life will be involved in some way in buying or selling a property. Property transactions by their very nature can be very stressful, not least of all because there can be numerous parties involved in the property chain. There can also be other factors to consider when moving home such as putting funding arrangements in place, coordinating removals and dealing with utility bills. All of this can add to the stress involved in moving house.

RJS can ease the process of buying or selling your home by providing our clients with a reliable and efficient service.

When purchasing a property, you will want to have as much information as possible about the house you are buying, its history, its value, its condition and any future potential repairs it may require. If you are purchasing with the help of a mortgage, your mortgage lender will require certain checks to be undertaken. If you are buying without a mortgage, a prudent purchaser will want to have as much information available to them as possible before committing themselves to the purchase of a property. We will undertake the necessary checks and searches to make sure that you will have a good and marketable title to the property. RJS can also deal with the formalities of registering your ownership of the property at HM Land Registry.

If you are selling a property either to move into another property or to release capital for other purposes you will need a solicitor to deal with the legal formalities of selling your property.

RJS offer a fixed fee service for handling property transactions and whilst we do not compete with the budget, factory style conveyancing practices, we pride ourselves on offering our clients excellent customer service with a personal touch to ensure that our clients’ needs are met throughout what can be a very challenging time.

– How We Can Help to ‘Buy and Sell a Property’

  • Obtaining, reviewing and advising on searches which reveal any matters that may affect the property you are buying.
  • Advising on legal and practical issues surrounding the sale or purchase of the property and preparing the legal documents required to transfer the property.
  • Acting on behalf of any mortgage lender and advising on the mortgage documentation.
  • Liaising with solicitors and estate agents involved in the transaction to provide the best possible outcome for all parties.
  • If you are buying a property we can advise on any Stamp Duty Land Tax payable, complete and submit the SDLT return to HM Revenue and Customs.
  • Dealing with registration formalities at the Land Registry.
  • Advising on what will happen to your property if you die.
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Buy to Let

RJS are here to help if you are buying a property that you do not wish to live in but wish to rent to tenants in order to realise an income. This type of transaction is often referred to as “Buy to Let” and you may be buying with or without the assistance of a mortgage.

We can help you with the usual checks that we would recommend when buying any property and can also advise on your Assured Short-hold Tenancy Agreement. We are able to alert you to the potential pitfalls and problems you may

encounter with buy to let property and can assist you with finding a suitable letting agent through our connections with local property professionals.

– How We Can Help ‘Buy to Let’

  • Prepare and advise on the legal documentation required to transfer a property from one party to another.
  • Obtain, review and advise on all necessary searches.
  • Advise on legal and practical issues surrounding the purchase of the property.
  • Advise on tenancy agreements.
  • Act on behalf of your mortgage lender and advise on the buy-to-let mortgage documentation.
  • Liaise with solicitors and estate agents involved in the transaction to provide the best possible outcome for all parties.
  • Prepare Stamp Duty Land Tax transaction forms and submit the return to HM Revenue and Customs.
  • Complete the registration formalities with the Land Registry.

Buying and Selling at Auction

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Remortgaging

The process of buying and selling property at auction is different to a standard property transaction and there are often shorter timescales involved. You will need to have everything in order to either buy or sell in advance of the auction.

RJS can prepare the comprehensive legal pack needed to sell your property at auction. The legal pack is made available to potential purchasers prior to the auction to enable them to make enquiries about the property offered for sale.

– Buying at Auction

  • If you are interested in a particular auction property, we can obtain and review the legal package from the auctioneers in advance of the auction. For a fixed fee, we can provide you with a report on any legal issues which may affect your decision to purchase the property at auction.
  • If your bid at the auction is successful, we can act on your behalf and deal with the legal formalities required to complete your purchase to ensure you meet the completion deadline agreed at the auction.

– Buying at Auction

  • If you are selling a property at auction, we can prepare the legal pack required to give potential bidders as much information about the property as possible. We will ensure that the pack is lodged with the auctioneers in advance of the auction to give buyers sufficient time to make any enquiries.
  • We can attend the auction so that we are on hand to deal with the legal paperwork required to secure the contract for sale with the successful bidder.
  • We will liaise with solicitors and auctioneers to ensure that the completion deadline is met.
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In today’s competitive financial markets, home owners often find themselves seeking a better deal with their mortgage provider, particularly where better rates of interest and lower mortgage repayment are on offer. You may also be considering remortgaging to release equity in your property. 

In order to switch from one mortgage lender to another, you will need a solicitor to act on your behalf and on behalf of your outgoing and incoming lenders. We will ensure that your old mortgage is fully redeemed and the new mortgage is registered and secured against your property. 

We offer a fixed fee service for handling remortgage transactions and whilst we do not compete with the budget factory style conveyancing practices, we pride ourselves on offering our clients excellent customer service and a personal touch to ensure that our clients’ needs are met.

– How We Can Help ‘Remortgaging’

  • Carry out the necessary checks and searches.
  • Advise on legal and practical issues surrounding the remortgage of the property.
  • Act on behalf of your mortgage lender and advise you on the mortgage documentation.
  • Arrange the discharge of any existing mortgage and deal with the registration of the new legal charge at the Land Registry.

Right to Buy

If you live in a property owned either by the local authority or a housing association and have done so for some years, you may have the right to buy your property for a reduced price. This type of purchase is often referred to as a “Right to Buy” and we can assist you in purchasing the property in much the same way as a standard purchase would proceed. 

Whilst a Right to Buy purchase proceeds in much the same way as a normal purchase, there are additional factors that will need consideration. There will not be an estate agent involved but we will need to liaise with the local authority or housing association and they will have their own list of requirements in order to facilitate the sale.

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– How We Can Help With ‘Right to Buy’

  • Check and approve the legal documentation supplied by the local authority or housing association on your behalf and comply with their requirements in the sale of the property.
  • Obtain, review and advise on all necessary searches.
  • Advise on the legal and practical issues surrounding the purchase of the property.
  • Act on behalf of any mortgage lender and advise on the mortgage documentation.
  • Advise on any Stamp Duty Land Tax payable, complete and submit the required transaction forms to HM Revenue and Customs.
  • Deal with the registration formalities at the Land Registry.

First Registration

Many people believe that ownership of a property is signified by “title deeds”. Historically, title deeds were bound documents recording all legal matters that affected a property. The Land Registration Act introduced compulsory registration of land at the Land Registry. With the onset of modern technology and the availability of information online, the system of property ownership has evolved and records of all property transactions are now registered and held electronically by the Land Registry.

If you have owned your property for a number of years it may not yet be registered at the Land Registry. Registering your property at the Land Registry gives you proof of ownership and helps to protect your interest in the land in the event that any historic paper title deeds are lost or destroyed.

Registering title deeds at the Land Registry for the first time can be a complicated process. There can be numerous documents which have recorded the sale of properties throughout its history particularly if the property is of a significant age.

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– How We Can Help With Your ‘First Registration’

  • Review and sort all relevant historic title documents detailing the ownership and any issues that affect the property.
  • Prepare the documents required to submit your application for first registration to the Land Registry.
  • Deal with any requisitions raised by the Land Registry and ensure that the title to the property is properly registered.
  • Ensure the safe return of the deeds and documents and completed registration to you upon successful completion of first registration.

Property Transfers

During the course of property ownership, it may become necessary to transfer the ownership of the property. Property transfers may become necessary as a result of marriage or cohabitation, divorce or separation or if the property is the subject of a gift.

In most cases, transferring property from one party to another is a relatively straightforward process, particularly where there are no mortgages involved. However, there may be other factors that affect the transfer such as establishing the true value of the property, considering whether there are any Stamp Duty Land Tax implications and registering the transfer with the Land Registry.

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– How We Can Help With Your ‘Property Transfers’

  • Prepare the transfer documentation required to legally transfer the ownership of the property.
  • Draft and prepare a Declaration of Trust to reflect any division of equity in the property.
  • Provide guidance and advice on any Stamp Duty Land Tax implications of the transfer.
  • Register the change in ownership at the Land Registry.