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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.

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