SERVICES
FOR INDIVIDUALS
CONVEYANCING SOLICITORS IN READING & HENLEY
The department is made up of experienced Solicitors, Legal Executives, Conveyancers and support staff and we pride ourselves on providing a style of service that is tailored to you, because no two transactions are the same. We act for a wide range of clients from first-time buyers to clients who own portfolios of buy-to-let properties.
The majority of our work comes through recommendations from clients and unpaid referrals from local property agents who recognise the experience and professionalism with which we all deal with matters and the levels of service that we provide. Whilst we always seek to work collaboratively with Estate Agents and other industry professionals, we seek recommendations on our merit, not because anyone is being paid to say we are good. Our fees are transparent and reflect the service we promise. There are no ‘add-ons’ or hidden fees, so no nasty surprises along the way. To view more detail please click here.
We are members of The Law Society’s Conveyancing Quality Scheme and are on the panels of all major the lenders.
Sales & Purchases
A property purchase is likely to be one of the largest and most important transactions you ever make and we recognise and appreciate the trust you place in us in asking us to assist with this.
We will discuss your aims and objectives at the outset and agree with you how you would best prefer to be communicated with, the frequency that you wish to be updated and any other factors which are important and personal to you. To ensure the smooth progress of a house purchase or sale, our Residential Property team will:
- give clear, transparent and unambiguous fee quotations
- guarantee an 8-business hour response to any enquiries by phone or email
- maintain contact with you at least once a week to give you a progress update
- communicate with you by whatever means you prefer (phone, email, text, video, in person) and ensure we explain everything clearly
- make the process as smooth as possible through a responsive and proactive service that gets you where you need to be
The Legal Ombudsman has published guidance for buyers. Whilst this is intended for first-time buyers, we think it includes useful guidance for all prospective purchasers, whether a first-time buyer or not. Please click on the link below to read the guidance.
Transfers of Equity
A transfer of equity is the addition or removal of a person to the deeds of the property. This could be creating a co-owner, taking a name off the lease, or transferring it all together. Example of when you may wish to transfer full ownership to either yourself or the other person could be following a divorce/ separation and the property is transferred from the joint names of the couple to a single person or if you want to give ownership/part-ownership of the property to a child or family member.
If you are looking to add or remove someone to the mortgage, you’ll need to get legal advice as you are changing the ownership of the property.
Remortgages & Refinancing
Equity Releases & Lifetime Mortgages
Equity Release/ Lifetime Mortgages are usually only available to those aged 55 or over, who often find themselves in the situation of being ‘house rich but cash poor’ when their wealth is tied up in their property. Our residential property team is also able to provide legal advice on Drawdown Lifetime Mortgages and Home Reversion Plans.
Equity release is aimed at helping to release some of the cash tied up in your home without the expense and inconvenience of having to sell your house and downsize. The most common type equity release scheme is the lifetime mortgage – you borrow against the value of your main residence (up to 60%) but continue to own the property.
Leasehold Enfranchisement & Extensions
If you own a leasehold property you may need advice regarding leasehold enfranchisement for a lease extension, your rights with regard to acquiring the freehold, or insisting on the right to manage the properties.
Our property teams have the full range of leasehold enfranchisement experience in this field to:
- obtain lease extensions, either by way of negotiation or by the statutory process
- exercise the right to manage
- act for residents in negotiating and collectively buying the freehold of their block of flats
- advise freeholders in respect of their response to applications for lease extensions, the right to manage and sale of the freehold
- rights first refusal
Ownership & Rights of Way
Sometimes legal issues regarding ownership, boundaries and rights of way come up between property owners, their neighbours and developers.
The most common examples are
- A right of way – this is a legal right to pass over someone else’s property. There can be public rights of way across footpaths, or rights of way across private land, known as easements. Difficulties tend to arise when there are disagreements about whether a right of way exists, the extent of that right, and the obligations in relation to it.
- Boundary ownership – it is not unusual for neighbours to have differing ideas about where the boundary between their property lies, especially when fences, walls or hedges are replaced or altered over the passage of time. Problems can also arise where boundaries are not recorded correctly with the Land Registry.
- Adverse Possession – It is not uncommon for people to use land belonging to their neighbours for a long period of time, either deliberately or unwittingly. If this usage has occurred for approx. 10 or 12 years (depending on the case), then it is possible that they will have acquired title to the land, meaning that they own it in law. It is then possible to make an application to the Land Registry to have the land included within their title deeds.
- Restrictive Covenants – A restrictive covenant is a promise made by the owner/occupier of a piece of land agreeing not to do something on their land – i.e. it is a restriction on the use of that land in some way. Crucially, restrictive covenants do not just restrict parties who agreed to them in the first place, every subsequent owner/occupier of that land will also be bound if certain criteria are satisfied and it can be legally enforced.
Affordable Housing & Shared Ownership
Whether you are looking to purchase, sell, staircase or repay a loan against a property, we have the experience and can help you. With government initiatives regarding affordable housing continually changing, these transactions can be slightly more complicated.
Without experience in dealing with the process and the various government agencies involved, delays can be common and the increased administration can add to the time to transactions.
Whilst some law firms have made the decision not to deal with share ownership or first time buyer transactions but we relish the opportunity to guide people through the process, advising on the best ways to proceed and ensuring that everything is dealt with at the correct time to avoid any delays. We are committed to achieving clear communications between us and any Government or Housing Agency.
Retirement Properties
Declaration of Trust/ Co-habitation/ Living Together Agreement
A Declaration of Trust, also known as a ‘Co-habitation’ or ‘Living Together’ Agreement is a document drawn by co-habiting couples that records what they have agreed regarding their financial arrangements, both during their relationship and if they ever separate. This document can be used to confirm both parties intention regarding financial matters and can help alleviate any future disputes or misunderstanding.
Arrangements covered in a Declaration of Trust could include:
- How much each party contributes financially to household bills, mortgage payments, rent, utilities etc
- Who owns what regarding expensive assets such as electronics, furniture or cars
- How joint debts or bank accounts are managed
- What percentage of a property each person owns should they decide to sell/ buy each other out
Co-habiting couples should also make sure that they have Wills, as if one party dies the surviving co-habitee will not be able to rely on the rules of intestacy to protect them.
If a cohabitating couple separate and property is owned between them, or one party is the sole owner of a property and the other party wants to claim an interest in it, a dispute may arise as to what the respective parties are entitled to. If a dispute escalates and goes to Court, a Declaration of Trust will outline to the Court what the common interest was of the parties at the time the property was acquired, and how that has evolved (if at all) over time.