When the buyer raises the question, “what about the bit of garden at the back”, and I speak to the seller, there is usually a long story – in one case the land had been being used by the family since 1938 in spite of it not actually featuring on the Land Registry’s plans!

Of course, a nice tale about your grandparents fencing the land so that they could put chickens in it, when their neighbour Jo Bloggs moved on, won’t satisfy the new buyer. However a title registered at the Land Registry will be much more appealing.

Adverse Possession is a complicated process and there are subtle differences between the applications depending upon whether or not the land to be sold is currently registered at the Land Registry. The Land Registry guidance runs to some 40 pages. However, importantly for you, if you can answer yes to the following then it is worth contacting us to establish whether we might be able to carry out this application for you, saving time and inconvenience on a future sale.

In summary:-

• For registered land you will need to be able to show that you have had actual possession of the land for more than 10 years. You must have had an intention to possess the land to the exclusion of all others including the original owner. You must possess the land without the consent of the original owner.

• For unregistered land the rules are slightly different and the possession in this case must be 12 years or more. Again we will need to be able to show an intention to possess the land to the exclusion of all others, including the original owner, and you must possess the land without the consent of the original owner.

• By providing the Land Registry with one or more statements of truth, and the various accompanying information and documents required, you can obtain a paper title to the area of land. For many people this will simply be an extra bit of garden but it could still add value to the property.

Don’t leave it until you decide to sell the property, act now. Adverse possession applications can delay a sale by several weeks, if not months. It’s worth a call to see whether we can submit an application and have the property officially registered.

For further information please contact your local Moving Home specialist.

One thing it is not well known for is the old storage tanks situated out at Redcliff Bay, together with the pipelines that lead from them away from the coast, over the hill and then down through parts of Portishead’s residential area. Developers are aware of them because they know they mustn’t build within 3 metres of them without getting specific consents from the Secretary of State under Section 16 (1) of the Land Powers (Defence) Act (1958). Private home owners however who live near these pipelines are often not aware of them or of this statutory provision. Searches can be made to ascertain the location of the pipelines and for properties within the vicinity of them. These should be carried out before buying, particularly if any development is planned.

Further, such searches would be appropriate before extending any properties near to such pipelines. The consent is not just a legal requirement but has very practical implications. Damaging a high octane pipeline could have catastrophic results. Do you know if your property is affected?

Having practiced in Portishead as a Solicitor now since 1998 and lived near the storage tanks as a child, I have acquired a considerable amount of data and information about these pipelines and their routes which I have found to be invaluable in dealing with property transactions in the Portishead area. In the past I have been contacted by non local solicitors with questions about the pipeline and have been glad to be able to assist. Local knowledge can be important when dealing with properties.

For more information please contact Chris Perkins on 01275 858515 or email chris.perkins@wards.uk.com

As part of this major development a wildlife refuge area has been created with properties in the vicinity being required to contribute towards the cost of maintaining it and also maintaining the old sea wall. This annual payment initially started out as being estimated at £30 – £35.00, but over the years the amount has increased. The budget for the year from 1st January 2013 to the end of that year is £70.00 per property. From the recent accounts submitted by Remus, who act as managers for Port Marine Management Limited, the service charge has been kept at the figure of £70.00 only by virtue of a transfer from their reserves of nearly £47,000.00. Without that contribution for the reserve the service charge would have been over £30.00 more, bringing the total charge per property to up to just over £100.00 per annum. Obviously they cannot continue to subsidise the service charge from reserves for ever and therefore it is likely that the annual charge will increase in future years.

A restriction should have been registered against the titles or all the properties on the development in favour of Port Marine Limited, to ensure that whomever owns any of the properties is aware of the requirement to make a contribution. The effect of the restriction is that before any sale of a property can be registered certain requirements need to be gone through – in particular a Deed of Covenant needs to be sent to Port Marine Management Limited in which the new owners promise to make the appropriate payments. Without those requirements being met, and certain fees being paid, Port Marine Management Limited will not give their consent and any new purchaser will not be able to be registered at the Land Registry. Local solicitors are fully aware of these procedures but, there are often issues when non-local solicitors, who are not familiar with the arrangements, are used.

As a solicitor dealing with these properties on a regular basis I have prepared an information pack which I can send out electronically to solicitors outside of the area, which I have found helps to speed the transactions through.

For more information please contact Chris Perkins on 01275 858515 or email chris.perkins@wards.uk.com

If you are in financial difficulty you may feel that you can’t afford to see a solicitor to have a loan agreement drawn up. However the small amount of money required could prevent you from losing your pony forever.

It would appear that there is a growing trend of people targeting horse owners, loaning their horses and then selling them on. “That’s terrible…”, I hear you say. But what if this happened to you and you were able to locate your pony in its new home? That would be ok wouldn’t it? You would be able to get the pony back and the new owner recover their money from the immoral person? Actually, Maybe not!

A recent article in the Horse & Hound (3rd August 2011) clearly highlights the risks of loaning your horse without a written agreement. The article reports of a young lady in Northants who allowed her pony to go out on loan with the intention that the agreement be signed when she visited the pony in its new home in a couple of weeks time.

The loaner kept putting off the visit with one excuse after another. Eventually the owner discovered that the loaner had in fact sold the horse on. The owner had managed to locate her beloved pony, the new owner had confirmed she purchased it from the loaner, but the Police refused to become involved. The original owner of the pony said she loaned the horse, the loaner said she gave her the horse. However, with no loan agreement, there was no official, legal proof to show that the horse had been stolen. The Police will not prosecute the matter as a criminal offence as there is insufficient evidence and a Civil Action will prove costly and carries no certainty of success. In cases such as this, it is one person’s word against the other.

As soon as you mention putting a horse out on loan people will tell you of horror stories heard or problems they have experienced personally. However, loaning can be a great solution, providing you ensure that you are organised and properly protected from the beginning.

Loan agreements can be as simple or as complicated as the owner and the loaner want them to be. The loan agreement is, in essence, a statement of fact confirming the ownership and intended scope of the loan, and a set of guidelines which both parties can refer to, to ensure that they get the most of their arrangement. It is a binding contract which can be relied on in Court if necessary.

Protecting your horse is always the ultimate goal and, by entering into a formal agreement, this is exactly what you are doing – ensuring that you have done your best to secure your horse’s future.

Sarah and Rebecca along with their fellow Rotarians are organising this night of glitz and glamour to raise funds for two local children’s charities. Springboard, a charitable organisation supporting local pre school children with additional needs and their families, and the Jessie May Trust a charitable organisation providing free nursing care to children with life limiting illnesses in their own homes.

The Ball will take place at the Walton Park Hotel in Clevedon on the 11th February. Tickets are £35 and include a glass of sparkling wine on arrival, a three course meal and dancing throughout the evening. The evening commences at 7 for 7.30pm and concludes at 1am. If you would to offer your support to this event please contact Sarah Woodward or Rebecca Stuart on 01275 850470.

“Yes we are”, is the answer! There is a perception of activity in the housing market being linked to house prices. If they are going up then the market is busy, otherwise we must not have any business.

It is certainly true that when the market was beset by galloping house prices more people wanted to take advantage of this -and did so fuelled by easily available credit. In our experience much of this credit was provided to those least able to afford it, and seemingly on the premise that house price increases were something that would go on forever. First time buyers were provided with loans of 110-125% of the property value, and banks fell over themselves to lend. Four years ago this all came crashing down and the economic crisis followed. We in conveyancing are, however, still seeing the real fall out from this, as property comes to market through repossession.

Whilst house prices have been more stable, transaction levels have also been less subject to massive fluctuations. People are moving regularly and there is a constant demand from investment buyers, fuelled by the need for a better return on capital that can be achieved from renting property, rather than leaving the money in the bank.

December/January are traditionally quiet for the housing market, but this year most of our local agents opened between Christmas and New Year, to meet business demand. RICS has just reported that sales activity remained relatively firm during December, with an increasing amount of new stock coming onto the market. They caution sellers, however, to price realistically to achieve sales. Ian Perry, RICS housing spokesperson said:

“Whilst it’s encouraging that sales activity held up relatively well towards the end of the year, continuing problems with the economy and the ongoing instability in the eurozone seem to be weighing heavily on the UK housing market and expectations for the coming months are fairly subdued.

The increasing number of prospective sellers who placed their homes on the market in December is a positive development as a lack of stock has been a big issue in some parts of the country, but with sales expectations remaining flat, it is important that vendors are realistic in their pricing if they wish the sale to go through in good time.”

I would conclude with a reminder to any prospective first time buyers that the stamp duty relief for first time buyers ends on 23 March 2012.

For more information please contact Susan Ellis, Partner & Head of Residential Conveyancing E: susan.ellis@wards.uk.com

Whatever the outcome, and effects on the industry, solar panels are changing the rooflines around us, and no doubt this will continue to be the case for the future.

Homeowners may install panels themselves or, as is increasingly common and on which we are often asked to advise, lease their roof space to host solar panels for a third party company.

Homeowners may need planning consent if the property is in a Conservation Area of if it is Listed. Otherwise, homeowners should check with their local council as to whether the proposal is exempt as ‘permitted development’. The work however would probably need building regulation approval and homeowners are well advised to seek advice from a surveyor. Roof damage, and consequent leaks, can be costly both financially and emotionally.

Homeowners who own the freehold to their property and who are tempted by lease arrangements should heed the warnings from the Royal Institute of Chartered Surveyors last year.

David Dalby, RICS Director, said:

“While we wholeheartedly support the use and production of green energy, it is important that consumers are aware of the potential dangers before entering into these agreements. Leasing roof space can generate much-needed additional income for households. However, anybody considering it should consult their mortgage provider and seek legal advice beforehand. The terms of the lease may not be acceptable to all lenders, so some homeowners could find themselves in the extremely difficult position of being tied to a long-term lease, yet in violation of the terms of their mortgage.”

“Furthermore, with installers currently not being subject to formal regulation, the addition of solar panels could potentially create structural problems on a property as some roofs may not be strong enough to take the additional weight. It is also important to ensure that the roof covering is in good condition before any installation takes place, to reduce the risk of future maintenance problems.”

Leases of roof space need to be viewed with caution as there are a number of implications which can have serious consequences:

Leases are typically for up to 25 years, with no ‘break clause’, to enable the homeowner to get out of the lease
Homeowners with mortgages would need the consent of their lenders to the grant of the lease or they risk being in breach of their mortgage terms.

Homeowners need to be vigilant in ensuring any necessary local authority consents are taken or otherwise may be subject to potential legal action by the Council.

Caution is therefore essential for any homeowner enticed by a lease arrangement, and legal and surveyor advice should be taken before any commitment is made.

For more information please contact:
Susan Ellis, Partner & Head of Residential Conveyancing E: susan.ellis@wards.uk.com
or
Heather Jones, Associate Solicitor: Commercial Property : heather.jones@wards.uk.com

This is good news for those acting as landlords at the moment. Demand for homes to let is outstripping supply, even though more homes came to the market in this quarter than at any other time since April 2009.

RICS spokesman James Scott-Lee said: “Despite resistance to rising rent levels from tenants, in some places, the imbalance between demand and supply for rented property suggests that, for the foreseeable future, landlords will have a good if not increasing return on their investments.”

Of course, the downside to this comes with The Chancellor’s message of economic doom and gloom. Research claims that a third of private renters are struggling to pay their rent with 32% of people thinking rents for private homes too high – the percentage is more marked for social housing tenants, with 43% baulking at the cost of renting privately.

After high winds we usually have a flurry of telephone calls from clients asking, who owns the fences at their property, who is responsible for putting them back up or replacing them, and can we please check their ‘deeds’ for the answer? This may seem simple enough, but the answer is in fact rarely straight forward.

Anyone when they buy a property will usually receive from us a copy of the Land Registry title, any documents referred to in the title, the Land Registry title plan, and a property information form completed by the seller. The title may contain information as to boundary ownership, but commonly it does not. The seller, in the property information form, may indicate which boundaries they think they may own or have maintained or may reply ‘unknown’.

There is a distinction anyway between ‘boundaries’ and ‘boundary features’. The Land Registry title plan will show the property extent edged with a red line. It is only to a small scale and will not show boundary features such as fences and walls. The red line on the title plan shows only the general position of the boundary, and is not exact. You could not, for example, by increasing the scale of the plan, demonstrate where the actual boundary is. So the Land Registry title plan will not help.

The title does not have to contain boundary information, and in many cases there will be nothing at all. If this is to be found it is most commonly where property has been sold by developers. Usually then the developers plan will use ‘T’ markings which indicate that the boundary with the ‘T’ marking faced inwardly belongs to that property. This would usually be combined with an obligation to maintain that boundary. Otherwise a declaration may be contained to say that certain boundaries are considered to be owned jointly between neighbours.

So, we may be able to advise that the title contains a deed which refers to a plan with ‘T’ markings on it. Is that then enough? It may be, but not necessarily, for even if the deed contains an obligation, in strict law the obligation does not bind anyone except the original first buyer. So if you think it’s down to your neighbour to replace or repair the fence as it should be theirs, in practice there may be nothing you can do to make them take any action.

Also the position may have changed over time. Owners and new owners and their neighbours may not have continued to follow the position set out in the title when the property was first sold. They may not have even thought about what the ‘deeds’ may say, or may have just reached their own agreement. So, if a fence was erected and owned by No1 Jones Avenue but the fence blew down or fell into disrepair and the two adjoining owners got together and agreed to share the cost of a new fence, regardless as to what is in the title, that fence would be theirs jointly. Or if the owner of No1 Jones Avenue refuses to do anything or pay for anything and the adjoining owner put up a new fence (for a quiet life), then this fence clearly belongs to them.

Sometimes the exact boundary position can be obscured by owners, for example, by adding in other features such as a hedge on one side of an original fence, or putting up another fence on their side of the original one.

Apart from the title, then what about the sellers property information form? Can this help? The sellers’ replies may well be a good source of information. The question in the form however is quite broad and without any further detailed written information may be unclear, or it may be that the seller has unintentionally given incorrect information anyway.

So the answer is to always check the title, and also any information provided by the original seller, but not to be surprised if this is still inconclusive. Ultimately, it is a good idea to consult/negotiate with the neighbours affected and agree an outcome.

As part of its submission of evidence to the Legal Services Board, the Law Society has highlighted the potential risks during will writing, estate administration and probate activities.

Law Society President John Wotton said that the growth in online providers is making it harder for them to help consumers to identify reputable service providers.

“The Law Society has been running a campaign to warn consumers of the dangers of using will writers who are not properly qualified. The Society is calling for will writers to be regulated at the earliest opportunity to stop the exploitation of consumers.

“Anyone, particularly people looking to commit fraud, can create a website that looks professional and has testimonial recommendations. There is currently no regulation or monitoring in place to ensure that administrators do not misappropriate a client’s estate assets. There are significant risks involved in allowing unqualified and unregulated will writers to have full control of an estate’s assets. The estate administrator is responsible for important tasks which can be easily open to abuse and safeguards need to be put in place to protect the testator’s estate from unscrupulous behaviour.

“We believe that regulation of will writing is the only appropriate means of protecting the consumer and we support the recommendation that will writing should become a reserved activity.”

John Wotton went on to discuss the high number of cases where consumers have been mis-sold a type of trust (often called an ‘Asset Protection Trust’, or ‘Life Interest Trust’, or ‘Protective Property Trust’) that promises to protect a person’s home against possible future care home fees. Although trusts like this can provided much-needed peace of mind and protection, they represent a large amount of money and, if advised by an unregulated Will-provider, the consumer may not have received adequate advice as to its applicability, its appropriateness for their circumstances and its possible ineffectiveness for the purpose for which it was sold. There are frequently errors and mistakes which render the use of the product unfit for its purpose and potentially void.

This concern extends into succession planning, should the unregulated Will-provider become insolvent or close their business. There is no safety net in place to protect a client’s will and file, if an unregulated business ceases trading. By contrast, if a law firm closes down the Solicitors Regulation Authority (SRA) can intervene and ensure the safety of all wills and files for clients of a solicitor.

The Law Society advises that people who are preparing a will should engage a solicitor who can make sure that the will is legally watertight and advise on complex financial issues such as inheritance tax and trusts planning. Solicitors are all trained and regulated and are required to have adequate insurance to protect the public.

You can find out more information about the Law Society’s campaign for regulation of Will-writing here.