Welcome to Lacey Solicitors

The process can typically be broken down into 6 key steps:

• You’re Sale Agreed: Once you’ve made an offer may it be with an Estate Agent or privately and it’s accepted, you will need a solicitor to be appointed to handle the legal aspect of your purchase, buying a house is a legal process. Your Solicitor will complete initial Anti-Money Laundering Checks.
• Survey, valuation and your mortgage offer: It’s strongly recommended to have your own RICS (Royal Institute of Chartered Surveyors) surveyor inspect the property. If you are obtaining a mortgage they will employ a surveyor to attend the property and provide a valuation report. If applicable, once your mortgage offer is received your Solicitor will review the legal aspects of your mortgage.
• Title checks: the Seller’s Solicitor will send to your Solicitor a Contract,  Title documentation (the deeds), Property Certificates and Searches, once this is received your Solicitor will review these and raise any queries (if necessary).
• Exchange of contracts: Once everything is in order and your Solicitor is satisfied the property you’re buying is free of legal issues that could affect your ability to sell it in the future, you will meet with your Solicitor and sign the Contract, a completion date is agreed and then the Contract is sent to the Seller’s Solicitor for the Sellers to sign. Once the Seller’s Solicitor has returned to your solicitor the contract signed by the sellers, the contract is legally binding.
• Completion (Move-in day): On the agreed date, once your solicitor has received all money from you and if applicable your mortgage company, the final payment is made to the Seller’s Solicitor, and ownership is transferred. Your solicitor will arrange to submit a SDLT (Stamp Duty Land Tax) return to HMRC on your behalf and you should notify the Land and Property Service Rating department of the change of ownership along with ensuring you have the property adequately insured. It is at this stage you can collect the keys to your new home.
• After Completion: Your name will be registered at Land Registry by your Solicitor and, if applicable your title deeds will be sent to your mortgage company for safe keeping.

The process can typically be broken down into 6 key steps:

• Putting your property up for sale: It is advised that the moment you or the Estate Agent you have employed places the property up for sale you instruct your Solicitor to start the legal process. Once you have instructed your Solicitor they will prepare the property’s legal documentation and carry out necessary checks preparing them to be sent to the Purchaser’s Solicitor.
• You’re Sale agreed: Once an offer to buy the property is accepted and you or your Estate Agent have informed your solicitor, the already prepared title documentation will be sent to the Purchaser’s Solicitor along with the contract.
• Title checks: now the Purchaser’s Solicitor has received the Contract,  Title documentation (the deeds), Property Certificates and Searches, the Purchaser’s Solicitor will review these and raise any queries (if necessary).
• Exchange of contracts: When both the Purchaser’s Solicitor and your Solicitor are satisfied, completion date is agreed upon and the Purchaser’s Solicitor sends your Solicitor a copy of the Contract signed by the Purchasers. At this stage you will meet with your Solicitor to sign both the Contract and a Transfer Deed. Then your Solicitor will return the signed Contract to the Purchaser’s Solicitor resulting in the Contract becoming legally binding.
• Completion (Move-out day): On the agreed date, once your Solicitor has received the final payment from the Purchaser’s Solicitor, and ownership is transferred. Your Solicitor will arrange to pay any outstanding mortgages you have with the property along with any Estate Agent involved. You should notify the Land and Property Service Rating department of the change of ownership and if you haven’t already at this stage are required to give the keys to the new owners, normally this is giving them to the Estate Agent.
• After Completion: As all the money has been dealt with, your Solicitor will send to the Purchaser’s Solicitor the signed Transfer deed so that your name is removed from the Property at the Land Registry. Your Solicitor may still have to deal with your Mortgage Company to ensure that the mortgage can also be removed from the property at Land Registry.

Freehold, Leasehold and Fee Farm Grant are types of Tenure, these are the names (sometimes referred to as classifications) given to the type of ownership of the property.

Freehold: You own both the property and the land it sits on indefinitely.

Leasehold: You own the property for a set period (e.g., 99 or 999 years), but the land is owned by a third party (the freeholder or Lessor). You will need to pay ground rent, and the lease will have specific conditions (also known as covenants).

Fee Farm Grant: unlike Leasehold you own the property indefinitely. Though similar to Leasehold the land is owned by a third party (the freeholder or Grantor). You will need to pay ground rent, and the lease will have specific conditions (also known as covenants).

Yes, the process of buying a house or property is a legal one. A Solicitor will handle all legal paperwork, conduct title searches, and resolve any issues that may arise during the process. This ensures that your interests are protected, and the transaction proceeds smoothly.

The costs may include:

• Stamp Duty Land Tax (SDLT): This depends on your own personal circumstances and the property price.
• Solicitor’s fees: These are broken down into both a professional fee (what your Solicitor charges for carrying out the work) and outlays/disbursements such as Land Registry fees.
• Valuation/Survey fees: Depending on the level of survey, these can range from £150 to £1,000.
• Mortgage advisor costs: Some financial advisors have a fee.
• Insurance costs: Buildings and contents insurance will also be necessary.
• Contents: Sometimes during the process you may agree to buy some of the contents of the property.

Stamp Duty Land Tax (SDLT) is a tax on property purchases. The rates depend on the price of the property and your current circumstances. The below rates are based on, after buying the property, it is the only residential property you own:

• Up to £250,000: No SDLT.
• £250,001 to £925,000: 5% on the portion above £250,000.
• £925,001 to £1.5 million: 10% on the portion above £925,000.
• Over £1.5 million: 12% on the portion above £1.5 million.

First-time buyers may benefit from exemptions or reduced rates, depending on the purchase price whereas you usually pay 5% on top of these rates if you own another residential property. These rates are subject to change and we would always advise you to obtain tax advise from a qualified tax professional (usually your Accountant).

Property boundary disputes are more common than you may think, and they can be resolved through negotiations, mediation, or legal action. A solicitor will usually start by reviewing the title deeds, which may show the boundaries though you may need to employ a surveyor to properly mark these out. If there is a dispute, the Land Registry or courts can intervene to clarify boundaries, or you may need to rely on historical documentation and physical evidence.

A landlord has several responsibilities, including:

• Ensuring the property is safe and habitable (e.g., gas safety, electrical inspections, Fire Safety Alarms).
• Protecting tenants’ deposits in a government-approved scheme.
• Providing a tenancy agreement that complies with the law.
• Ensuring registration on the Landlord Registration Scheme.
• Adhering to eviction laws, particularly under the Private Tenancies Act (Northern Ireland) 2022.

In Northern Ireland, renting out property as a holiday home or on a short-term basis (e.g., via Airbnb) is allowed but subject to regulations and any covenants contained within your title documentation (deeds). For example, you need to apply for planning permission, and if the property is subject to a mortgage, you need to check with the lender. Additionally, you’ll need to comply with health and safety regulations and ensure the property is insured appropriately.

If there are issues with the title, such as unclear ownership, missing documents, or disputes over boundaries, it is crucial to address them before completing the purchase. Your Solicitor will carry out a thorough title search and raise any concerns with the Seller’s Solicitor. If there are discrepancies or potential claims on the property, your Solicitor may:

• Request clarification or documents from the seller to resolve the issue, such as Statutory Declarations or Affidavits.
• Negotiate indemnity insurance to cover potential risks if a title defect is identified but cannot be resolved immediately.

It is essential to have the title issue fully resolved or understood before proceeding with the purchase to avoid future disputes or risks to your ownership rights.

Transferring ownership of a property, whether through a sale, gift, or inheritance, involves several legal steps:

• Drafting and signing a transfer deed: This document formally transfers ownership from the seller (or donor) to the buyer (or recipient). It must be signed by both parties.
• Stamp Duty (if applicable): If there is consideration involved (e.g., a sale), Stamp Duty Land Tax (SDLT) must be paid. The amount depends on the property’s value.
• Registration with the Land Registry: After the transfer deed is signed and any necessary taxes are paid, the change of ownership must be registered with the Land Registry. This officially updates the title to reflect the new owner.
• Notifying the mortgage lender (if applicable): If there is a mortgage on the property, the lender must be informed of the ownership change. They may require certain conditions to be met before approving the transfer.

A solicitor will guide you through the transfer process, ensuring all legal and financial aspects are handled appropriately, and the ownership transfer is legally valid.

Once the purchase of a property is complete, the buyer generally assumes responsibility for the property, which includes any defects or issues that were not disclosed during the sale. However, there are a few steps you can take if you discover an issue after completing the purchase:

• Check the contract terms: Review the sale contract to determine if the seller gave any warranties or representations regarding the condition of the property. In some cases, the seller may be held liable for undisclosed defects, especially if fraud or misrepresentation occurred.
• Surveyor’s report: If the issue relates to something that should have been identified in a survey (e.g., structural problems or damp), you may be able to seek recourse from the surveyor who conducted the inspection. If they failed to identify a problem that should have been visible, you may have grounds for a claim.
• Contact your solicitor: If you believe that the seller concealed the problem or failed to disclose it, you can contact your solicitor to discuss potential legal action. Depending on the nature of the issue, you may be able to claim damages or even seek a reduction in the purchase price.
• Insurance coverage: If the problem is serious, check if you have any relevant insurance (such as home insurance or indemnity insurance, if you took out a policy at the time of purchase) that might cover the cost of repairs or legal fees.
• Negotiate a solution: In some cases, it may be possible to negotiate directly with the seller or their solicitor to resolve the issue, whether by arranging for repairs, compensation, or other remedial actions.

It is important to act quickly, as there may be time limits for making claims or pursuing legal action depending on the nature of the issue and whether it falls under contractual or statutory protections. It is for this reason that it is imperative that you obtain an independent survey on the property.