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Dispelling Conveyancing Myths

(or, if you will, shattering a few illusions!)

What do you really know about house buying?

“It’s amazing how much fiction about the house buying process has become fact,” says Beverley Henderson, a residential property solicitor at Barr Ellison. “Clients are often astonished to find out many things they had assumed to be true are in fact completely or at least partially false.”

For example, as a home owner are you legally responsible for your left or right hand fence? It may surprise you to discover that there is no automatic presumption, and this is just one of a number of misconceptions many of us have about house buying and selling.

So what is the situation with the fence? There is no rule at all and it’s not always shown on the title deeds.  Ownership of a fence could be joint with the neighbouring property owner, or there could be no record of who owns it.  In reality most people take ownership of one or the other.

And here are some other common misconceptions that the Barr Ellison conveyancing team come across regularly.


The Myth

The Reality

You can measure your exact legal boundaries on the Land Registry Plan.

You can measure all you like, but the red boundary lines can be up to a metre out in urban areas and three to four metres on rural plans. The plan on the deeds is little more than a sketch plan with no measurement and shows only a general boundary line.

You need the property deeds to prove ownership of title

Not necessarily!  If your land is registered at the Land Registry, since October 2003 all you need is a record of the Title Number and any paper documents you have are of no use as evidence of title.

You can build a conservatory without planning permission

In some cases this is true, but it all depends on the original planning consent for the property and the local authority’s planning policies.  So no matter what the conservatory company says you need to check this out before you go ahead, as you may need express consent to do anything. And it’s a much better idea than having to pull it down later.

I don’t need a survey the mortgage company’s one will do

The mortgage company’s survey is likely to be a ‘drive by’ survey – which can literally mean someone drives by the property to check it is there and looks worth the amount they are lending – not what you are paying for the house. So if they are lending you £200,000 and you are paying £400,000 for the house, they are only checking to see if it is worth £200,000.

I can do what I like to my flat once it’s mine

Not so.  You are likely to have restrictions in your lease, such as only being able to have carpeted floors. However, there are sometimes ways round this if you promise to do certain things, such as install a sound proof membrane with laminate flooring.

I can rely on the guarantees for any work done in the past on the house I’m buying

Guarantees are often worthless, if for example the company has gone into liquidation or original documents (often needed to make a claim) have been lost.

 

For further information or for advice on any residential property issue please contact a member of the Barr Ellison conveyancing team on 01223 417200

 

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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