Residential Real Estate

Local authority based in Essex

Our client was a local authority based in Essex with a significant housing shortfall. They identified a block of flats which, at the point of instruction, was in the process of being sold to another entity. We successfully negotiated with the seller to change buyers to our client on the basis of a strict three-week turnaround for exchange of contracts. The development was entirely new build with 100+ dwellings over commercial property on the ground floor. We undertook a site visit to identify not only legal matters but also areas of reputational risk exposure for our client. Our residential real estate practice was instrumental in identifying the key aspects associated with purchasing residential property and in identifying key areas of risk exposure for the client.

Farmhouse comprising a dwelling and 12 acres of land

We are acting on the purchase of farmhouse comprising a dwelling,12 acres of land including woodland and separate grazing. There are four titles involved. We have established that the property is not directly to mains water and that a deed of easement from two neighbouring properties is required. We are acting to put the required deed in place between four parties, with one party to the deed proceeding without representation, and lender consent is required to the grant of easement.  Indemnity insurance is required for two risks: 1) the property is subject to unknown rights and 2) the absence of compliance with Building Regulations’ approval for the installation of an oil tank. We have advised on the availability of a claim for mixed use to reduce SDLT. This matter is important to our client as it represents a move to what is likely to be their “forever” home and who therefore, despite the complexities and delay, wish to proceed.

Property

We acted on a transfer of equity and related purchase. The purchase property had been the subject of extensive works requiring consents under the Town and Country Planning Act. Some consents were missing and we therefore arranged for the appropriate indemnity insurances to be taken. The property did not abut the public highway and we therefore advised on and secured a statement of truth from the Seller relating to their use of this land so that evidence in support of a prescriptive easement application could be made in the future. The property also abutted a watercourse and we therefore advised on riparian rights and responsibilities.