Land & Property Law
Land law concerns the protection of land rights such as ownership of land and property, its sale, lease, mortgage and regulations. This area of law usually concerns the Law of Property Act 1925.
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Conveyancing is the transfer of ownership from buying and selling property. Once the property is bought or sold, there are various legal steps the parties must follow before the transfer of ownership is successful.
am easement is a right to use the land of another person for a specific purpose such as a right-of-way, right to water, right to light or air, and a right to keep something on the other person's land.
Ownership is the right to use, manage and enjoy the property, including the right to convey it to others. It is the most extensive right to property that the law allows.
Freehold property is the property rights held by the owner of the land. There are two types of freehold property: property held in fee simple, which is what we think of as full ownership and which is capable of inheritance; and the life estate, which only lasts for the duration of the person's life. Freehold property is distinguished from leasehold property.
A nuisance is a situation or activity that interferes with a person's use or enjoyment of land; such as loud noise or foul odour, and activities that damage the person's property.
Planning permission is required whenever you want to build something new (e.g. a house), make major changes to a building (e.g. an extension to a house), or change the way you use a building (e.g. from residential to commercial use). If you intend to undertake any of these types of changes you should contact your local building authority for advice on the permission required. Planning permission is distinct from building regulations approval and you may need both.
Buildings insurance is insurance that covers the cost of repairing or rebuilding the damaged property. It is distinct from contents insurance that covers the contents of the building.
Registration is the process of registering the land with HM Land Registry. HM Land Registry maintains a record of who owns the land and who else has an interest in the land (e.g. a mortgage). All land must be registered when bought/sold, inherited, or mortgaged.
Building regulations apply to building works being done on a property. This includes the construction or extension of a house, changes to plumbing or electrical fittings, altering heating systems, installing insulation, and other such work. Before doing this work you must check with a building control body to see whether the work needs approval. This is distinct from planning permission and you may need both.
A mortgage is a loan taken usually from a bank where you agree to give your property as security for the loan. This means that if you cannot repay the loan the bank has the right to claim your property and sell it to recover the money you owe.
A wayleave is a right-of-way granted to allow the transport of minerals by a third-party through or underneath your land. This is a specific type of easement (right-of-way).
Rent charge is an annual sum paid by a landowner to another person who has no other interest in the land.
Tenants In Common
Tenants in common are two or more persons whom each own separate interests in the same property. The shares may be equal or unequal, but each person has the right to possess the whole property. This means no one person can exclude any other tenant in common from accessing the property. Tenants in common have no automatic right of survivorship, which means that upon one tenant's death their share does not go to the other tenants. Tenants in common are distinct from joint tenants.
Commercial Lease Agreements
This is a form of contract which will typically be between an individual who owns the property (the Landlord) and a business. The landlord is agreeing to provide a business with a right to use that property for commercial purposes. This document will provide important information that will concern the relationship between the landlord and the business that intends to use the property.
Residential Tenancy Agreements
This area concerns the laws regulating the legal agreements between landlords and tenants to occupy a residential property. A residential tenancy can come in a range of forms and is subject to a range of legislation to protect landlords and tenants during (and after) the term of the tenancy.