Property Drop Issue 13
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ADVICE<br />
15<br />
<strong>Property</strong><br />
Q&A<br />
Wyn Williams, Partner & Head of Residential <strong>Property</strong> at<br />
Harding Evans Solicitors in Newport answers your property questions.<br />
I am buying a property with my boyfriend<br />
Q but I am providing all of the deposit, how<br />
can I protect my deposit if things don’t work<br />
out?<br />
You should ask your solicitor to prepare a<br />
A trust deed that will set out how you both<br />
hold the property. This will govern how the<br />
property is held and how any balance from the<br />
sale of the property is split if the property is<br />
sold. Care would need to be taken if you marry<br />
at a later date as the provisions may not be<br />
binding if you were to separate under a divorce.<br />
My solicitor has asked if I want an<br />
Q environmental search carried out on the<br />
property - what is this and do I need it?<br />
The law states that if any contamination<br />
A is found on property the owner of the<br />
property at the time is responsible for the cleanup<br />
costs of any work. This search would reveal<br />
past industrial land use on the property and will<br />
also provide information about any flooding<br />
and industrial use within close proximity of the<br />
property.<br />
Who holds the deeds to my<br />
Q property?<br />
Depending upon when you bought your<br />
A property the majority of properties are<br />
now registered, once the property is registered<br />
the title is saved electronically at the land<br />
registry. Therefore no title deeds as copies<br />
can be downloaded from the land registry -<br />
however, there are still properties that remain<br />
unregistered and these properties will have<br />
title deeds. We would advise anyone who owns<br />
an unregistered property to get the property<br />
registered so that there is no disputing title<br />
to the property in the future. It also means<br />
that there is no need to ensure that any deeds<br />
are stored in a safe place with often banks or<br />
building societies charging for the pleasure of<br />
providing the service.<br />
My solicitor has sent me a statement to<br />
Q show how much money I need to pay on<br />
completion to purchase our new build property<br />
and there is reference to an engrossment fee for<br />
the sellers solicitors - what is this?<br />
On any new build property transaction<br />
A it has become standard practice for the<br />
developer’s solicitor to make a charge to the<br />
buyers for preparing the contract and transfer.<br />
The amount payable varies from developer to<br />
developer and is normally non-negotiable.<br />
Harding Evans has a wealth of experience in<br />
both commercial and residential property and<br />
we are supported by the latest case management<br />
systems and established processes to ensure that<br />
your move proceeds smoothly. If you have any<br />
questions regarding buying or selling a property<br />
or you’re looking for a conveyancing quote –<br />
please get in touch with one of our specialist<br />
solicitors today.<br />
HardingEvans are a multi-disciplinary law<br />
firm with an expert residential property<br />
team who specialise in buying, selling and<br />
re-mortgages with fixed-fee rates and no<br />
hidden costs.<br />
QUOTE: PROPDROP<br />
Please get in touch at:<br />
conveyancing@hevans.com, 01633 235140,<br />
2 North Street, Newport, NP201TE<br />
*While every effort has been made to ensure the accuracy of the information provided above, it does not<br />
constitute legal advice and cannot be relied upon as such. Please seek legal advice for your individual case.