Residential Conveyancing

Whether you are a first-time buyer, upsizing, downsizing or sideways sliding, we can take care of with the legal side of things. Buying a home is one of the most stressful purchases you will make in your life. At Martin Smith & Co, we have been providing residential conveyancing services for decades. Our aim is to deliver professionalism and experience throughout the entire process. Our areas of expertise include:-

UNREGISTERED TITLES

The Land Registry system has existed since 1925 but the Land Registry estimates there is still 40% of land and property in England and Wales with an unregistered title. There is a certain skill in dealing with unregistered titles and this skill we have found is becoming a rarity. You may not know what the title is at the time you make your offer or put the property on the market, but discovering that the title is unregistered will not phase us in the slightest. Nor will we charge an additional fee just because the property has an unregistered title.

LANDLORD AND TENANT

Commercial and residential landlord and tenant issues are subject to a myriad of case law and legislation. This is one area where you really do need the very best advice.

LEASES AND LEASE EXTENSIONS

Forty years ago a lease was considered short if it was approaching its last few years. Twenty years ago it was considered short if it had less than 60 years left. Today as the result of various pieces of legislation you now need to think seriously about extending your lease if it has 85 years left. If the lease was originally granted for 99 years in the Eighties, it is now considered “short”. Some lenders will not lend if the lease term is less than 70 years. Talk to us about extending the lease and the ways available to you to achieve this.

PROPERTY OWNERSHIP AND TRUSTS

Buying the property is one thing; getting the method of ownership right may require some thought and a document called a declaration of trust, or trust deed. This can set out the way in which the money has been contributed, how the property will be divided if it is sold, and what happens if one owner wants their share as money and the other doesn’t. If you are contributing unequally to the deposit, if your earning capacity is unequal, if you are being assisted by relatives, then talk to us. If you are married but have children from previous relationships, you may not want the property to automatically pass to your co owner if you should die suddenly. We can help you with the additional documents you need to minimise later disputes.