In English law there is no such thing as a legal right to a view. This was established in Aldred’s Case 1610, which showed that to qualify as an easement a right must be “sufficiently definite”, whereas a right to view is far too general in terms of the land which bears the burden.
Protecting a Right to a View
June 21st, 2011 HIP-Consultant.co.uk Posted in Legal, Property Conveyancing 1 Comment »
Boundary Disputes – What you need to know
June 13th, 2011 HIP-Consultant.co.uk Posted in Land Registry, Legal, Property Conveyancing 1 Comment »
Boundaries are one of the major causes of disputes between neighbours. Whether one neighbour is encroaching on another, there is an argument that the boundary line is in the wrong position or shared boundary is not properly maintained, issues that might start out as trivial can quickly escalate.
Party Wall Act 1996 – What you need to know
May 3rd, 2011 HIP-Consultant.co.uk Posted in Legal, Top Tips Comments Off on Party Wall Act 1996 – What you need to know
When considering building a structure on or near the boundary between yours and a neighbour’s property it is important to consider the provisions of the Party Wall Act 1996 to ascertain what your obligations and rights are.
Estate Agents and Sellers Making False or Misleading Statements
April 18th, 2011 HIP-Consultant.co.uk Posted in Estate Agents, Legal, Property Conveyancing 1 Comment »
When buying a property it is important to ensure that you inspect everything that you can and that you have surveyed everything that you can’t, such as the structure or the electrics and central heating system. This is because of the principal of caveat emptor – Latin for buyer beware.
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Alternative Business Structures – Business Entity
March 14th, 2011 HIP-Consultant.co.uk Posted in Estate Agents, Legal, Mortgages 2 Comments »
Currently, a solicitor who is performing “reserved legal activities” (activities which only a solicitor is permitted to perform such as the key elements of a conveyancing transaction) for the general public is only permitted to practise in a firm wholly owned by solicitors. The Legal Services Act 2007 (“the Act”) however introduces a new type of business entity, the Alternative Business Structure (ABS).
What is Legal Indemnity Insurance?
March 7th, 2011 HIP-Consultant.co.uk Posted in Legal 12 Comments »
Legal indemnity insurance is used more and more in conveyancing as a way of getting a transaction to the point of completion more quickly than would be possible if whatever defect is being insured against were actually resolved.
Relying on the Mortgage Lender’s Valuation Report?
February 8th, 2011 HIP-Consultant.co.uk Posted in Legal, Mortgages 4 Comments »
Before agreeing to lend money on a property a mortgage lender will instruct a valuer to carry out a basic report, called a valuation report. The report does not go into any great detail but will give a market value figure which the lender will rely upon when deciding how much it ought to lend.
Validating Potential Tenants for Your Rental Properties
January 4th, 2011 HIP-Consultant.co.uk Posted in Landlords, Legal Comments Off on Validating Potential Tenants for Your Rental Properties
As a residential landlord, you need to be able to trust your tenants to pay their rent and to pay on time. It is likely you will be relying on their payments to enable you to pay your mortgage and so if your tenant falls into arrears you may go into arrears also and could end with the property being repossessed.
How to Complete the Seller’s Property Information Form
November 30th, 2010 HIP-Consultant.co.uk Posted in Legal, Property Conveyancing 1 Comment »
The seller’s property information form needs to be completed by the seller in every sale. It is an important document and it is important to answer the questions honestly and as accurately as possible.
Using Chattels to Avoid Stamp Duty
November 22nd, 2010 HIP-Consultant.co.uk Posted in Legal, Property Conveyancing 6 Comments »
Chattels are items, such as items of furniture, which do not form part of the fabric of the land or buildings but which are transferred from the seller to the buyer along with the land as part of a conveyancing transaction. They can either be including in the price paid for the property or sold for an additional price but using the same contract as is used for the land.
Securing a Debt Against Another’s Property
November 10th, 2010 HIP-Consultant.co.uk Posted in Legal, Mortgages, Property Conveyancing 6 Comments »
In terms of a person’s assets, land is unique in that a debt can be secured against it without the owner giving up control of the asset. Items can of course be bought on hire purchase agreements but these remain the property of the seller until the debt is paid, and an item can be pawned but the pawnbroker will retain it pending full repayment.