If you are thinking of buying or selling your home, our Property Law Solicitors can assist from the initial stages through to completion and beyond. Based in Eastbourne, Polegate, Meads and Hailsham in East Sussex, we have very a very experienced team who will be able to assist you with a range of property issues. For more information, please read our section on property conveyancing.
If you are a property investor, or would like to become one, we can provide you with practical advice. As well as the necessary information on buying or selling properties, we can advise on the preparation of tenancy agreements and possible ‘Houses in Multiple Occupation’ issues. We also offer assistance with tenancy disputes, including court proceedings if required.
Whether you are just changing your mortgage to secure a better rate or seeking to take money out of the property for a project or a holiday, remortgaging with the lender’s nominated solicitors is not always the best choice.
We can offer a swift and efficient remortgaging service, competitively priced, but with the advantage over many lender-nominated solicitors that we are able to deal any issues that may arise as we have an experienced team of property lawyers available.
The term equity release refers to a particular type of re-mortgage, which is aimed at those in the older generation who no longer have the income to make regular mortgage payments but want access to the capital in their homes. Sometimes known as a lifetime mortgage, equity release remains a popular choice for many people.
There are different ways that equity release schemes can be structured. As an alternative to a traditional equity release where the property is mortgaged, some people choose to sell their homes to a third party, for less than the market value, and receive a lifetime lease back so they can continue living in their home indefinitely.
Under the Safe Home Income Plans (SHIP) Scheme, there is a requirement to see both a financial advisor and a solicitor before any equity release can be completed. We are pleased to support the SHIP Scheme and can offer you the necessary legal advice on the different types of equity release available.
If you wish to gift all or part of your property to a family member, perhaps as part of an Estate planning exercise, then we can assist you. We can provide advice to you on the possible tax implications; although you may still need detailed advice from your accountant. We can document the gift and update Land Registry records accordingly.
Whether the need for a transfer of equity arises out of separation proceedings or happier circumstances, it is a relatively simple matter to document the change and we can prepare the necessary documents for you and register them at the Land Registry. If there is a mortgage secured on the property then this may complicate matters but the transfer can still proceed if the Mortgage Lender consents. It is advisable to discuss with us whether to approach them first for their consent.
Where different people have an interest in the same property, it is always advisable to consider making a Declaration of Trust to record the different interests. This is a very economical way of clarifying the rights that each person has in the property to reduce the risk of disputes in the future.
A Declaration of Trust is a private document that is legally binding on the parties and records their various interests in the property. The Declaration can also record the parties’ obligations, such as contributions to maintenance and utilities, and should also provide an exit route, i.e. what happens when one party wants to withdraw the money from the property.
If you need to sever a joint tenancy of your property, for estate planning purposes or otherwise, we can assist with the notices and Land Registry documents.
Before you embark on any extensive and costly alteration or extension works to your home, we can review your title and advise you whether there are any restrictive covenants in the title to your property that prevent you from carrying out the work.
Boundary disputes can be very disruptive and costly to resolve. If you have any boundaries that are not clearly defined but which are not currently disputed, you may wish to consider the preparation of a simple boundary agreement to record the position for the future.
If your property is still unregistered, you should give serious thought to conducting a voluntary first registration. Not only are there discounts available on Land Registry fees but there may be issues relating to your property that are best uncovered and resolved now, rather than when you wish to sell.
There are particular issues that can arise when you own leasehold property or you own freehold property that is subject to long leases. One of our areas of speciality is acting for landlords, tenants and management companies in dealing with issues specific to leasehold property.
We are particularly proud to be a member of the Association of Leasehold Practitioners, which is a badge of assurance to our clients that they will receive a consistently high level of service, integrity and professionalism from us.
If you own leasehold property such as a flat and the lease is approaching having only 80 years or less years left before it expires you should consider extending your lease now. We can guide you through this process and would be happy to discuss your options with you in person or over the telephone as a free initial consultation.
Many groups of flat owners are entitled to take over the management of their building or collectively buy the freehold of the building. There are specific procedures set out in the relevant legislation that must be followed to exercise these rights, which we can guide you through whether you are a flat owner or a landlord.
We also have expertise in dealing with the sale and purchase of freehold properties that are subject to long residential leases. In many circumstances notices offering the property to the flat owners will be required by the seller and we can ensure that these are dealt with properly at an early stage to prevent delays.
For more information, please also read our section on property conveyancing.
To contact a property solicitor or another member of our Property Law team directly please use the links on the right hand side of this page.
Alternatively, please telephone our team if you have any questions on property law or conveyancing or to arrange an appointment:
Eastbourne 01323 727321
Hailsham 01323 841481
Polegate 01323 487051
Meads 01323 407577