Property - Residential
The following publications/articles are available:
Positive covenants
POSITIVE COVENANTS
A positive covenant imposes an obligation to carry out a positive action, and will usually involve the spending of money (for example, to repair, contribute toward maintenance costs of an accessway, erect fences, etc).
There are six basic legal devices that are used to try to make positive covenants bind successors in title:
When you sell your property you still need an Energy Performance Certificate!
This applies to us all if we are hoping to sell our property and to those of you who are Landlords offering a property for rent.
The Energy Performance Certificate (EPC) is a European Union (EU) initiative as part of the drive to improve energy efficiency across the EU member countries. The certificate will provide two key pieces of information:-
Taking ownership and property held by civil partners and cohabiting couples
If joint owners hold as Joint Tenants then in this situation there is an automatic right of survivorship on the death of the first of them. If the property is held as Tenants in Common there is no such right!
If Civil partners own a property as joint tenants, the surviving partner will inherit the property when one of them dies. There are separate rules where one of the tenants in common dies without leaving a will. Of course, the survivor of a Tenancy in Common will inherit any part that may have been provided for in the Will of the deceased co-owner.
Your rights on cohabitation
The Tenancy Deposit Scheme
Landlords of assured shorthold tenancies must now protect deposits they receive via a Tenancy Deposit Protection Scheme, which safeguards the deposits and provides alternative dispute resolution methods.
Types of scheme
There are two types of scheme – custodial and insurance-based.
the insurance- based protection scheme and implications of failing to protect the deposit.
TAKING INSTRUCTIONS FOR CO OWNERSHIP
Whenever more than one person owns a property legal complexity is likely to ensue so knowing how you are going to hold the property can make all the difference.
The purchase of residential accommodation is perhaps the single most important financial transaction, which any individual transacts in a lifetime. Its also one of the most stressful coming second only to a matrimonial break-up.
Co-habiting partners must contemplate and address the unthinkable, namely that their relationship will break down and that they will fall out over what they do and do not own!!
Most lawyers will explain the nature and effect of the “joint tenancy” or the “tenancy in common” (ownership in shares) scenarios and the implications should one of the co-owners die. But how about an explanation of what happens if the co-owners go their separate ways?
Overhanging Branches
Many people experince problems with overhanging branches from adjoining properties – what can they do about them, what can they compel their neghbour to do, and can they compel their neighbour to contribute to any costs they may incur.
Most of the case-law in this area dates back to the early parts of the previous century. This is because the law appears to be settled, and very few disputes have therefore arisen.
Your rights - the basic position at law!
How to look after your assets
With couples starting a family at a much later stage in their lives than previous generations, you may be one of the individuals who worry about your hard earned savings. While wishing to ensure a good standard of living for your family you may also not want to give it away! Depending on the stage you are at in life, you may benefit from legal advice.
Co-habitation and pre-marriage
- Marriage / civil partnership
- Divorce and separation
- Retirement age
DO YOU KNOW THE TWO METHODS OF HOLDING PROPERTY JOINTLY?
Are you any of the following:-
- Co-habiting couples who are not married
- Two or more friends who have jointly bought a property
- Any client who has purchased a property in sole name but who has utilized funding from a third party in order to finance the transaction.
- A married couple with significant assets who needs to consider tax implications.
There are two methods of holding property to apply to the above transactions.
PARTY WALL AGREEMENTS
A party wall is a wall that separates buildings belonging to different owners (but also includes garden walls built astride a boundary – technically known as “party fence walls”).
Your neighbour's written agreement is paramount. How to obtain it and other items covered by the 'Award'