Malton - 01653 692247
York - 01904 716000
Wetherby - 01937 583210
Malton 01653 692247
Residential Property

Residential Property Lawyers, Malton, York & Wetherby

At Pearsons & Ward, our residential property solicitors have been supporting clients across Yorkshire to buy, sell and manage their properties for over 200 years.

As a locally-based firm with a comprehensive knowledge of the residential property market, our lawyers offer expert advice, local knowledge and reassurance throughout. Whatever the nature of your business with us, we will provide a friendly, professional and reliable service at a competitive price.

We specialise in areas such as:

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The information you must provide when selling your home

When selling your home, you may recall the expression ‘buyer beware’. But what does this mean, and is it still relevant today?

Historically, the buyers in a conveyancing transaction have been responsible for satisfying themselves on a property’s suitability.   Nowadays though, the situation is more complex. There is more legal protection in place for buyers, who also now expect greater transparency.

If you are selling a property, it is important to provide the correct information and to get the right advice about any problems. Contact our residential property team for advice.

Buying a property from a mortgagee in possession or a receiver

As mortgage interest rates remain high, more homeowners are struggling financially. While a repossession is a last resort for lenders, the number of them is increasing and the trend looks likely to continue. However, it is an ill wind which blows nobody any good. If your own finances are sound, buying a repossessed property could be an opportunity, as typically, these properties are significantly cheaper to buy than ones sold by their owners.

Buying a property from a mortgagee in possession or a receiver can be a good way of picking up a bargain. However, it is not for everyone and there are additional issues you will need to consider.  Contact our legal team for help and advice.

 

Buying a property from a mortgagee in possession or a receiver

As mortgage interest rates remain high, more homeowners are struggling financially. While a repossession is a last resort for lenders, the number of them is increasing and the trend looks likely to continue. However, it is an ill wind which blows nobody any good. If your own finances are sound, buying a repossessed property could be an opportunity, as typically, these properties are significantly cheaper to buy than ones sold by their owners.

Buying a property from a mortgagee in possession or a receiver can be a good way of picking up a bargain. However, it is not for everyone and there are additional issues you will need to consider.  Contact our legal team for help and advice.

Registering your property

Nearly 10 per cent of land in England and Wales has never been registered at HM Land Registry, usually because the owner bought the property a long time ago or inherited it.

If your property is not registered, this should have little or no impact on you on a day-to-day basis. However, it could put you at a disadvantage in the future, for example if you decide to sell or remortgage, and it also increases the risk of fraud or adverse possession.

If you have the papers from your original acquisition, these should indicate whether the title to your property is registered. ‘Title’ is the term we use to describe ownership of a property, and the rights which attach to it. If you purchased your property after 1990, then it should be registered, but it is possible the correct formalities were not carried out and so it is always a good idea to check.

Our team has extensive experience of dealing with both registered and unregistered land.  If your property is unregistered, we can apply to HM Land Registry to register it on your behalf. Then you will have all the advantages of being a registered owner, which will also stand you in good stead if you do come to sell.  Contact our Residential Property team for advice.

Buying a property with a roof terrace or balcony

A home with outside space appeals to many of us, but it may be hard to find somewhere affordable with a garden and, even then, you may not want the responsibility of its upkeep. A balcony or roof terrace could give you that much coveted al fresco space without the maintenance headache.

It is certainly an attractive proposition.   As a result, many developers are now incorporating balconies and roof terraces into their new builds, or owners are adding their own. However, there can be legal pitfalls for the unwary. 

We can advise you of your options. Bear in mind, non-compliance may indicate issues which are not purely legal.  As your solicitor we will also check the seller’s title to see if the work required any other consents. Call our expert Residential Property team for advice.

Selling a property quickly to get out of a mortgage

Rising interest rates have dominated the headlines recently, with the Bank of England estimating a million households could see their monthly mortgage repayments increase by £500 over the next three years. If you are affected, you may even be thinking about giving up your property so you will no longer have the burden of a mortgage.

Becoming mortgage-free would certainly help ease any immediate financial pressures.  Unfortunately, that process is rarely easy or straightforward and, whether you are already at risk of losing your home or just want to reduce your outgoings, it is important to get the right advice first. Call our Residential Property team for help & advice.

What is the registered charge on a property?

If you take out a mortgage to buy your home, your lender will almost certainly register a charge against it at the Land Registry. The charge does not transfer ownership. However, it will give the lender important rights, including the ability to sell your home if you default on your loan.

When borrowing to buy a property, most of us give little thought to how the lender protects their interest, however, the creation of a legal charge will affect how you, as an owner, can deal with your property. Conversely, if you decide to lend money to someone, for example to get on the housing ladder, it can be a useful tool to protect your loan.’

If you have plans that involve a registered charge, then discussing your intentions with us in advance will mean they can tailor arrangements to suit your individual circumstances.  Contact our legal team for advice.

Selling property if you are a residential landlord

With the Renters Reform Bill aiming to strengthen tenants’ rights, and interest rates and economic pressures squeezing property investment returns, more and more landlords are leaving the private rental market. There have been claims in the media of a landlord exodus, and if you are a residential landlord perhaps you have been thinking about selling up too.

The environment for landlords is certainly very different from a decade ago.  Now could be a good time to reappraise your investments, however selling any property generates plenty of issues and a rental property has additional challenges, such as tenancy arrangements, deposits, and capital gains tax.  As well as legal advice it is important to seek financial advice in advance.  Contact our legal team for advice.

Buying a Residential Property in Yorkshire

Buying or selling a property can be a confusing and stressful experience. Your home will probably be the most valuable asset you own – choosing the right property for you and maximising the value of your investment are hugely important.

When buying a property, there are a number of vital steps that must be carefully negotiated to prevent problems arising in the future. We will carry out a range of checks on the property, gathering detailed information about the house itself and the surrounding area. With many years of experience handling purchases and sales, as well as a thorough knowledge of the local area, our specialist conveyancing lawyers are excellently qualified for this role. We aim to make sure that your prospective purchase is the right one for you, and that you receive a good and marketable title if you decide to buy.

We can also advise on mortgage agreements and will take the time to ensure you are clear on all terms and conditions before taking out a loan.

Selling a Residential Property in Wetherby

Our residential property solicitors will make sure that all outstanding legal matters are appropriately managed so that your sale can be completed swiftly and straightforwardly.

We will correspond with the buyer's solicitor, supervising the drafting and delivery of the contract of sale. We endeavour to answer any questions posed by the buyer and their legal representatives as promptly as possible to prevent any delays.

Re-Mortgaging Legal Advice

There are a host of reasons why you might wish to re-mortgage your property. You may want to change providers to receive a better mortgage rate, or to release equity held in your home so that money tied up in your property can be used for another purpose. Our property lawyers will provide essential advice to help you make the right decision for your circumstances. We are experienced in working with local banks, building societies and other lenders to help achieve your goals.

Conveyancing Quality Scheme

cqs

We secured membership to the Law Society's Conveyancing Quality Scheme - the mark of excellence for the home buying process - in August 2011.

Pearsons & Wardunderwent rigorous assessment by the Law Society in order to secure CQS status, which marks the firm out as meeting high standards in the residential conveyancing process.

Law Society President John Wotton said that the Law Society introduced CQS to promote high standards in the home buying process.

CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service.

"Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor. There are many different conveyancing service providers out there, making it difficult for home buyers to identify those which can ensure a safe and efficient level of service."

Michael Peach says: "Pearsons & Wardis delighted to have secured CQS status. It is recognition of the high standards we provide to our residential property clients and is a signal to future home buyers of the excellent service level we provide at what is often a stressful time for many people."

"The overall beneficiaries will be clients who use Pearsons & Wardwhen buying a home. They will receive a reliable, efficient service as recognised by the CQS standard."

The scheme requires practices to undergo a strict assessment, compulsory training, self reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.

FAQ - Do you need planning permission?

Planning Permission is the term used when new buildings or existing buildings need consent in order to make major changes.  The local planning authority is responsible for deciding whether a development - for example whether an extension on a house or bungalow should proceed.

Rules and regulations can cause problems for the best laid plans and this is where Pearsons & Wardwill help you through the planning maze.

Please click on the appropriate Planning Portal* link which is an interactive guide for householders:

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Houses

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Terraced Houses

*Planning Portal is the UK Government's online planning and building regulations resource for England and Wales.

You should also bear in mind that alterations to properties often need (in addition to planning permission) building regulations approval, restrictive covenant consent under the terms of the title documents to your property and/or formal consent from your mortgage lender. Again, the experienced property lawyers at Pearsons & Wardcan advise you on each of these issues.

Contact our Residential Property Solicitors in Yorkshire

The residential property team at Pearsons & Wardwill provide clear, jargon-free legal advice. Whether you are a first-time buyer or experienced property investor, our lawyers are on hand to guide you through every stage of the conveyancing process. With over 200 years advising clients in Yorkshire, Pearsons & Wardsolicitors are ideally placed to assist you.

To discuss your residential property transaction, call us today on 01653 692247 (Malton) or 01904 716000 (York) or 01937 583210 (Wetherby), or fill out our online conveyancing quote form.