Property Law & Lawyers

Property Law is the system of laws regulating and prioritising the rights, interests and responsibilities of individuals in relation to "things". These things are a form of "property" or "right" to possession or ownership of an object.

If you believe you have a legal matter concerning property law, then please complete your free legal enquiry form on the right, click here.

Broadly speaking property law encompasses the following issues:

• Conveyancing
• buying and selling of land
• buying and selling of businesses
• Boundaries
• Business lease renewal
• Common hold
• Co-ownership and estoppel
• Easements
• Covenants
• Housing laws
• Landlord and tenant (general)
• Long leases
• Mortgages
• Nuisance and trespass
• Planning
• Property litigation and ADR
• Property transactions
• Public access to land
• Residential tenancies
• Restrictive covenants
• Agricultural tenancy reform

If you have a legal matter regarding any aspect of property law, then please complete your free legal enquiry form on the right, click here.

Property lawyers generally provide expertise and advice in the following areas:

• properties for sale and purchase and conveyancing
• Re-mortgage of residential and investment properties
• Investment / buy-to-let properties
• Shared equity purchases
• Auction sales and tenders
• Transfer of equity
• Transfer of property on relationship breakdown
• Property settlement and family law matters including divorce
• De facto property relationships
• Division of property upon separation / break-up or Divorce

If you believe you have a legal matter concerning property law or a property dispute, then please complete your free legal enquiry form on the right, click here.

Property lawyers offer expert advice on all aspects of the legal buying or selling of all types of property, for example:-

• buying or selling a flat, unit, townhouse or house
• buy to let
• lease extensions
• freehold purchases
• transfers of equity
• re-mortgages

Property lawyers often avoid jargon and advise you at every stage ensuring that you understand the processes involved from when your initial instructions are given to the final completion.

Property Litigation & Property Disputes

Property litigation is the area of law dealing with property related disputes.  These disputes may relate to residential property or commercial property (which is used for business or office purposes).  Property litigation often involves complex areas of law and it is essential to seek commercial and correct advice at the earliest opportunity should a dispute arise.  Court proceedings can be expensive and time-consuming and an effective property litigation lawyer will be able to help you obtain a resolution or achieve your objectives without the need for court proceedings.  Dispute resolution such as mediation can prove cheaper and less stressful.

The following are examples of disputes that arise often in the context of property litigation:

• Disputes over consent to subletting or assigning a property or where a proposed change of use is opposed.
• There may be breaches of a covenant to repair a building in the lease.  The landlord may serve what is sometimes known as "schedule of dilapidations" requiring the breach to be remedied within a certain time frame.
• Recovery of land/premises from unlawful squatters.
• Disputes relating to access to the property/ rights of way
• Commercial rent and service charge recovery
• Lease surrender negotiations (bringing the lease to an end)
• Applications to forfeit the lease (an application made by the landlord to recover possession of the property often where the tenant has been in persistent breach of covenant).
• Property litigation law attempts to strike a balance between the interests of both parties.

If you find yourself subject to such a dispute, there is legal protection and various remedies available under property law.

If you would like legal advice on a property litigation related issue, please complete your free legal enquiry form on the right, click here.

Conveyancing and Property Law

Property lawyers also provide services with respect to conveyancing. Conveyancing is the legal transfer of property from one owner to another. The conveyancing process, if properly carried out by conveyancing lawyers, ensures that the purchaser actually owns all the property, land and rights that have been paid for.

Selling Your House (conveyancing) i.e. the legal process involved in selling your house can be very complex and without proper legal representation, the process can be quit difficult to follow.

Conveyancing Lawyers normally perform the following services:

• Obtaining the deeds (from your mortgage lender if you have one);
• Completing a Property Information Form and a list of the Fixtures, Fittings and
  Contents and advising relation to the contract of sale;
• Sending out a draft contract package to the buyer's solicitor, providing them with full details of the property and it's services;
• Agreeing a date when the purchase will be completed;
• Exchanging contracts;
• Repaying any mortgage, paying the estate agents, and sending you the rest of the proceeds (or putting them towards the purchase of your new home).

If you are looking at buying or selling real estate and would like a property lawyer to look after the conveyancing process for you, then please complete your free legal enquiry form on the right, or click here.

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