Unpacking Adverse Possession: Understanding the Intricacies

by Saqib Khan | Oct 10, 2023 | Conveyancing

Introduction

The concept of property ownership is deeply ingrained in our society, yet the legal landscape surrounding it is not without its complexities. One such intricate aspect is adverse possession, a legal doctrine that allows a person to gain ownership of someone else’s land through certain conditions and time frames. In the United Kingdom, adverse possession has been a subject of both fascination and controversy. In this blog, we’ll delve into the key aspects of adverse possession, exploring its definition, requirements, process, and implications.

Defining Adverse Possession

Adverse possession, also known as squatter’s rights, is a legal principle that allows an individual to acquire ownership of land belonging to another person, provided they have been using the land for a certain period of time without the permission of the legal owner. This principle is grounded in the belief that land should not remain unused or neglected while others could make productive use of it.

Requirements for Adverse Possession

The requirements for adverse possession are stringent and must be met before a claim can be successful:

1. Uninterrupted Possession: The adverse possessor must demonstrate that their possession of the land has been continuous and uninterrupted for a specific period, which is generally 10 to 12 years.

2. Open and Notorious Possession: The possession must be open, obvious, and without secrecy. It should be clear to any reasonable observer that the possessor is using the land without the owner’s permission.

3. Exclusive Possession: The possessor must have exclusive control over the land, excluding the rightful owner and any third parties.

4. Adverse Intent: The possession must be hostile or adverse to the interests of the true owner. This means that the possessor is using the land as if they are the owner and not with the owner’s permission.

5. Time Period: The period of adverse possession required varies based on the circumstances and the nature of the land. It’s essential to consult legal experts to determine the specific time frame applicable in a given situation.

The Adverse Possession Process

1. Notice to the Landowner: If a person wishes to claim adverse possession, they must give notice to the landowner of their intention. This serves as a formal warning and provides the owner an opportunity to contest the claim.

2. Land Registry Application: After the required period of adverse possession has passed, the possessor can apply to the Land Registry for possessory title or, in some cases, full ownership. This application involves providing evidence of the possession meeting the necessary criteria.

3. Landowner’s Response: Upon receiving the application, the landowner can either consent to the claim or dispute it. If contested, the case may proceed to court.

**Implications and Controversies**

Adverse possession raises several implications and controversies:

1. Property Rights: Critics argue that adverse possession can infringe on the rights of rightful property owners. The doctrine challenges the fundamental principle of property ownership, potentially leading to unjust outcomes.

2. Land Utilization: Proponents argue that adverse possession promotes the efficient use of land by preventing neglect and encouraging productive use. It can also be a mechanism to resolve disputes over long-unused land.

3. Legal Reforms: The UK has seen legal reforms aimed at striking a balance between protecting property owners’ rights and ensuring that the law remains equitable. Reforms have made it harder for squatters to acquire registered land.

Conclusion

Adverse possession is a complex and controversial legal doctrine that challenges our understanding of property ownership and land use. It has been subject to legal reform and debate as society seeks to strike a balance between safeguarding property rights and promoting efficient land utilization. Whether viewed as a means of preventing land stagnation or criticized as a potential infringement on ownership rights, adverse possession remains an intriguing and intricate aspect of property law.

If you have any questions regarding adverse possession, please give our property team a call on 0161 850 9911.

Unlocking Land Access: Understanding Easements

by Saqib Khan | Oct 6, 2023 | Conveyancing

When it comes to property ownership and land use, the legal landscape can be intricate and nuanced. Easements are one such legal concept that plays a crucial role in shaping land access and usage rights. In this blog, we’ll delve into the world of easements, exploring what they are, how they work, and their significance.

Defining Easements:

An easement is a legal right that allows someone to use another person’s land for a specific purpose. In simpler terms, it grants a person or entity certain rights over a property they don’t own. Easements are often utilized to grant access or rights to utility companies, neighbours, or the general public. These rights can be affirmative, meaning they allow the holder to do something (e.g., walk across a property), or negative, restricting the landowner from doing something that would otherwise be legal (e.g., building a structure that obstructs a view).

Types of Easements:

1. Right of Way: This is one of the most common types of easements. A right of way grants someone the legal right to pass through another person’s property. This can be for pedestrians, vehicles, or even livestock. For instance, if your property is landlocked and you need to cross a neighbour’s land to access a public road, you might have a legal right of way.

2. Easements for Services: These easements allow utility companies to access a property for maintenance, repair, or installation of services like water, electricity, or telecommunications. This ensures that necessary services can be provided without the property owner’s constant approval.

3. Light and Air Easements: These easements restrict the landowner from building structures that could block light and air to another property. This is particularly important in densely populated areas where maintaining access to light and air is crucial.

4. Conservation Easements: These are designed to protect natural resources and landscapes. They restrict the development of a property to preserve its environmental or historical value. Conservation easements are often negotiated between property owners and conservation organizations.

5. Profits à Prendre: This unique type of easement allows the holder to take a product from the landowner’s property. This could include the right to hunt, fish, or gather specific resources from the land.

Creating Easements

Easements can be created in various ways:

1. Express Grant: This is when the landowner explicitly grants the easement to another party. The terms and conditions are typically documented in a legal agreement.

2. Express Reservation: In this case, the landowner sells or transfers their property but reserves the right to maintain specific easement rights over it.

3. Necessity: Easements by necessity arise when it’s necessary for a landlocked property to have access to a public road.

4. Prescription: Similar to adverse possession, an easement by prescription can be acquired through consistent and uninterrupted use of another person’s land for a specified period, usually 20 years.

5. Implication: This occurs when a property is divided, and the previous use of the land suggests that an easement is necessary for the continued use of the divided properties.

Easements and Land Value

Easements can impact the value of a property. While some easements might limit certain activities or development opportunities, others can enhance the property’s value, like a scenic view easement. Property buyers and sellers should always carefully consider existing easements and their implications on land use and value.

Conclusion

Easements are a fundamental aspect of property law, governing the rights and access of various parties to a piece of land. Understanding easements is crucial for landowners, prospective property buyers, and anyone involved in real estate transactions. By navigating the world of easements, we can strike a balance between individual property rights and the collective needs of a community, ensuring that land access remains fair, equitable, and functional.

If you have any questions regarding easements, please give our property team a call on 0161 850 9911.

The Conveyancing Process

by Saqib Khan | Sep 20, 2023 | Conveyancing

When buying or selling a house, there is a lot involved and we will try to set as much of the process for you below.

All property owners should attempt to keep all documents relating to any house matters in one place. These documents will then be ready to provide to your solicitor when selling your property.

Examples of documents you might possess:

• Title Documentation
• Gas Safety Certificate
• Electrical Safety Certificate
• EPC – Energy Performance Certificate
• Buildings Regulations Completion Certificate
• Planning Permission consent
• FENSA Certificates – If any new window/glass doors have been installed
• Indemnity Insurance obtained when purchasing the property (if necessary)
• Party Wall Agreement (if necessary)
• Lease )if applicable)
• Tenancy documentation (if applicable)

The title documents might mention covenants. Covenants are agreements that previous owners of the land have made which you are liable to adhere to. These can be positive covenants which mean you need to do something specific and restrictive covenants which restrict you from doing something on the land. Indemnity insurance will be necessary for you to obtain if these have not been adhered to, we will explain and deal with these on your behalf during the conveyancing process but you would be liable for the cost.

There are a range of different expenses that could occur during the conveyancing process and these are all labelled as disbursements (payments to third parties). The most common disbursements are:

• HM Land Registry Court Fee
• Management Information Pack (if applicable)
• Stamp Duty land Tax
• Indemnity Insurance )as above)
• Local Authority search
• Water & Drainage Search
• Environmental Search
• Bank transfer fee
• Chancel Liability search

With regards to the actual conveyancing process, when selling a house you will be required to complete the protocol forms )property information form, fittings & fixtures form and possible leasehold information form) or peruse them if buying. Anything left out of these forms could delay the process because we would be asked by the buyer’s solicitors for you to complete anything blank.

On a sale, we would send all the completed forms along with the title documentation and all relevant documentation and the contract that we would draw up. They would then ‘raise enquiries’ with regards to anything in the documentation that they need further information on. The opposite would happen on a purchase, we would then raise the enquiries.

On a purchase, once all enquiries have been satisfied and the contract is agreed, we would prepare a report for the Client setting out everything we discovered along with all relevant documentation. When you have perused this and are happy with everything, we would be ready to exchange contracts and complete,

Exchanging contracts is when both solicitors agree the details of the contract over phone and set a time and date for completion. If a mortgage is involved, the buyer’s solicitors would then inform the lender of the date of completion and the funds for completion.

Completion then takes place on the agreed date and occurs once the seller’s solicitors receive the completion funds into their bank account. The seller’s solicitors would then allocate all the funds and release the keys.

If you would like to discuss any of this with us. Please call us on 0161 850 9911 or email us at propertyteam@khanmather.co.uk.

The Interest Rate Increases and the Property Market

by Saqib Khan | Jul 7, 2023 | Conveyancing

Introduction:

The United Kingdom’s real estate market has long been a focal point for both domestic and international investors. However, recent developments in the financial landscape, particularly the rise in interest rates, have raised concerns about how it will impact property transactions. In this blog post, we will explore the effects of increasing interest rates on the UK’s property market and shed light on the potential implications for buyers, sellers, and the overall housing sector.

1. Reduced Affordability:

One of the immediate consequences of rising interest rates is reduced affordability for potential homebuyers. Higher interest rates translate into increased mortgage costs, making it more challenging for individuals to secure loans or afford the same level of property they could have with lower rates. This factor alone can lead to a decrease in demand, especially among first-time buyers or those with limited financial resources.

2. Slowed Demand and Transactions:

As affordability becomes constrained, the demand for residential properties tends to decline. Potential buyers may delay or reconsider their purchasing decisions due to higher borrowing costs, leading to a slowdown in property transactions. This decrease in demand can further impact property prices, as sellers may need to adjust their expectations to attract buyers in a more constrained market.

3. Price Adjustments and Market Stability:

With a decrease in demand, the UK property market may experience price adjustments. Sellers may need to lower their asking prices to entice buyers in an environment of higher interest rates. However, this can also contribute to a more stable market by aligning property valuations with the financial realities of potential buyers. While it may initially be perceived as a negative aspect, price adjustments can lead to a healthier and more sustainable housing market in the long run.

4. Regional Variations:

The impact of increasing interest rates on property residential transactions may not be evenly distributed across the UK. Regional variations in property markets could exacerbate the effects, with certain areas experiencing more pronounced declines in transactions and property values. London, for instance, might witness a more significant impact due to its higher property prices and reliance on international investors.

5. Influence on Buy-to-Let Market:

The buy-to-let sector, which has been a popular investment avenue in the UK, may face unique challenges with rising interest rates. Higher borrowing costs may reduce the profitability of rental properties, affecting the yields and returns for landlords. This could potentially impact the attractiveness of the buy-to-let market and alter investment strategies within the real estate sector.

Conclusion:

As interest rates increase, the UK property residential transactions market is likely to face several challenges. Reduced affordability, slowed demand, and potential price adjustments are factors that buyers, sellers, and investors need to consider. It’s important to note that while rising interest rates may present short-term difficulties, they can also contribute to a more sustainable and stable housing market in the long run. Monitoring market trends, seeking professional advice, and adapting strategies accordingly can help navigate the changing landscape of UK property transactions in the face of increasing interest rates.

We are here to discuss all of your property concerns. Call us on 0161 850 9911 to speak to one of our experienced members in our conveyancing department.

A Deed of Variation – Why do I need one?

by Saqib Khan | Jun 16, 2023 | Conveyancing

When it comes to purchasing or selling a property, conveyancing is an important legal process that involves the transfer of the property’s ownership from the seller to the buyer. One crucial aspect of the conveyancing process is the need for deeds of variation.

Deeds of variation are legal documents that amend or alter the terms of the original agreement between the parties involved in a conveyancing transaction. These documents are typically used to modify the terms of a sale or purchase agreement, and they are essential to ensure that both parties are protected and that the transaction is completed smoothly.

The need for deeds of variation arises when there are changes to the terms of the original agreement, which can occur for several reasons. For example, the buyer may require a longer or shorter period to complete the purchase, or the seller may want to add or remove certain clauses from the agreement. In these situations, a deed of variation can be used to reflect the updated terms of the agreement and ensure that all parties are in agreement with the new terms.

In addition to modifying the terms of the agreement, deeds of variation are also essential for ensuring that the transaction is legally binding. These documents are typically drafted by solicitors, who ensure that the terms are clear and concise and that they comply with all relevant legal requirements.

Another important benefit of deeds of variation is that they can help to avoid future disputes or disagreements between the parties. By clearly setting out the updated terms of the agreement, deeds of variation can help to prevent misunderstandings and ensure that both parties are fully aware of their rights and obligations.

In conclusion, deeds of variation are an essential part of the conveyancing process, and they play a vital role in ensuring that transactions are completed smoothly, legally, and without any disputes. If you are involved in a conveyancing transaction, it is essential to work with a solicitor who can draft and advise you on the use of deeds of variation, ensuring that your interests are protected throughout the process.

Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk