Did you always want to become a Solicitor?
No, I wanted to be a teacher – either German or Mathematics. Whilst in sixth form, however, I worked in my summer vacations at a solicitors in Central London and spent much of that time running frantically round the narrow and winding back corridors of the Royal Courts of Justice. I decided then that a career in law would be right for me. I still wanted to get languages out of my system so studied German and Linguistics at University before conversion to law. Whilst I can still read a German newspaper or book, my spoken language skills are sadly far too rusty other than for the odd holiday in Germany these days.
When and why did you decide to specialise in commercial property and in particular acting for house-builders in development work?
I started my career as a residential conveyancer in a high street firm in Stoke Newington having found that property law was my “thing” whilst studying. However, the stress of dealing with individuals buying and selling their houses led me to commercial property where clients, whilst still clearly engaged in their businesses, were able to take a more reasoned risk based approach to transactions. From general commercial property, I began to specialise in warehouse and new office developments and from there moved to residential development. That move to acting for housebuilders was 20 years ago now, but I still make full use of my conveyancing days – understanding what might be an issue for a plot purchaser is fundamental for a housebuilder – there will be no profit from a development if the plots cannot be developed and sold!
Tell us about the changes you have seen in the house-builder market since you were first involved in it? Has the way you carry out a transaction changed and have the demands of the client changed?
You are making me feel old now. When I started work as a Trainee, there was little technology. We had no computers and “golf-ball” typewriters and Word Perfect word processors were the norm, and all correspondence was by post. Emails were just starting to be used, and we had one PC after a couple of years with a firm email address. I remember the excitement in the office a few years later when fax machines which stored the incoming fax as a pdf was purchased! Aside from the technology, the basic work is still the same – consider the documentation and searches and work out where there are issues on a site and understand the client’s development intentions and ensure that its position is protected in the contract documentation. One of the key changes however is Land Registry practice over those years – we used to be able to discuss matters with Land Registry where an issue arose – these days it is requisitions and cancellations we have to deal with (albeit thankfully occasionally) with multiple case workers and no-one prepared to take a common sense view.
As to the market, there has of course been huge consolidation of housebuilders over the years – Taylor Woodrow/George Wimpey, Barratt / David Wilson Homes, Persimmon/Charles Church, Bovis/Countryside/Vistry and Hopkins/Tilia to name but a very few. At the end of the day there still seems to be a vibrant and active market, even at times like these and it is great that I work in a sector which usually receives cross-party support (Michael Gove excepted), particularly in times of recession.
What is the most unusual transaction you have dealt with?
In my previous firm, I worked on the re-development of a large racecourse. Drawing up documents for the developer to build within a working racecourse, dealing with the construction of new grandstands, a new road bridge over the adjoining railway line, the archaeology relating to an American WWII tank buried on site, allowing for rights for horses and jockeys to pass through the development parcels, including emergency routes for horse ambulances, noise covenants re. racecourse events (including large open air concerts), strict anti-pet covenants to prevent dogs or cats running out in front of horses and telecommunications restrictions to prevent house-owners blocking TV and radio broadcasting signals made for interesting negotiations.
What is the quickest transaction you have dealt with?
I have exchanged contracts and completed in three days from instruction. Sometimes there are commercial reasons why this just has to be done. Clearly a risk based approach has to be taken to the due diligence and the key documentation points, but it can be achieved with client and solicitor (and the other party and their solicitor) all collaborating together. Having a team that can support you on these transactions is vital – either to free your time by taking up other work from you, or by carrying out elements of the transactions. At Birketts, with a large core Housebuilder team, and with a Real Estate team now over 250 in number, we have that flexible support when required.
On the flip side, my longest transaction so far is a 55 year option agreement, exercised and completed after only 15 years. I have one matter I am dealing with which has been only ongoing for 13 years currently and may well complete this year, so I am not sure I will get to beat my record soon. I prefer those longer term instructions. You get to work on so many aspects of the site, from inspection whilst still a greenfield, through acquisition and then show homes and plot sales, and develop great relationships with clients over that longer term.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at April 2023.