Buying or selling a home
In England and Wales, a property sale usually isn't legally binding until contracts are exchanged. Before that point, either the buyer or the seller can generally withdraw.
Between an offer being accepted and exchange, the buyer's conveyancer usually carries out searches, raises questions with the seller's side, and checks the legal title. Many buyers also arrange a survey. Once contracts are exchanged, pulling out usually means losing the deposit, and possibly more. Completion is when the money is paid and ownership passes.
LegalBuddha doesn't carry out conveyancing. Conveyancing is a reserved legal activity that must be done by an authorised professional, such as a solicitor or licensed conveyancer.
Problems found after buying
When you buy a property, the general rule is that it's your responsibility to find out about its condition before you commit, which is why surveys and searches matter.
The seller has to answer the questions put to them truthfully. If information the seller gave turns out to be false or misleading, the law on misrepresentation may be relevant. What applies depends on what was said, what was asked, and the documents involved.
Boundary disagreements
The plans held by HM Land Registry usually show only the general position of a boundary, not its exact line. Title deeds, older plans, and physical features on the ground can all be relevant to where a boundary lies.
Many boundary disagreements are resolved by neighbours talking, or through mediation. It's also possible to apply to HM Land Registry to have a boundary formally determined, although this usually involves a detailed survey.
Neighbours, trees and building work
You can usually cut back branches or roots that cross onto your land, up to the boundary line, without your neighbour's permission. You generally can't go onto their land to do it, and the cuttings belong to them. Different rules apply if the tree is protected by a tree preservation order or is in a conservation area.
If a neighbour's tall evergreen hedge is a problem, your local council may be able to deal with it under the high hedges rules if talking hasn't worked.
If you or a neighbour plan building work on or near a shared wall or boundary, the Party Wall etc. Act 1996 may require notice to be given to the neighbour before work starts.
Leasehold and freehold
If you own a freehold, you own the building and the land it stands on. If you own a leasehold, you own the right to occupy the property for the length of the lease, and a freeholder or landlord owns the building.
Leaseholders often pay service charges and ground rent, and the lease sets out the rules on things like repairs and alterations. The length remaining on a lease can affect the property's value and how easy it is to sell or get a mortgage on. Leaseholders may have rights to extend their lease or buy the freehold, and this area of law has been changing.
Owning a property with someone else
If you own a property with someone else, you'll usually own it as either joint tenants or tenants in common.
As joint tenants, you own the whole property together. If one owner dies, their share usually passes automatically to the surviving owner, regardless of their will. As tenants in common, each owner has their own share, which can be unequal and can be left to someone else in a will.
A declaration of trust can record how much each owner has contributed and how the property should be divided if it's sold.
Rights of way and access
A right of way or other easement can give someone the right to use land they don't own, for example to cross a driveway or run pipes under a garden. These rights are often recorded in title documents, but some can also arise from long use. Where there's a disagreement, the exact wording of the documents and the history of how the land has been used are usually important.
Important: urgent situations
If you've fallen behind on your mortgage and are worried about repossession, contact your lender as soon as possible. Free, confidential help is also available from Citizens Advice, Shelter, or a debt advice charity.
If you've received court papers, or you're close to exchanging contracts or completing a purchase, don't rely on LegalBuddha. Check any deadlines carefully and speak to your conveyancer or a solicitor promptly.
Frequently asked questions
Can I pull out of a property purchase after my offer is accepted?
In England and Wales, a sale generally isn't legally binding until contracts are exchanged, so either side can usually withdraw before then. After exchange, withdrawing usually has serious financial consequences.
How do I know who owns the fence between our gardens?
Title deeds and HM Land Registry documents sometimes show who is responsible for a boundary, but often they don't. Other evidence, such as older deeds and past use, can be relevant.
Can I cut back my neighbour's tree?
You can usually cut back branches or roots that cross onto your land, up to the boundary. Check first whether the tree is protected, because different rules apply to protected trees.
What's the difference between joint tenants and tenants in common?
Joint tenants own the whole property together, and a share usually passes automatically to the surviving owner. Tenants in common each own a separate share, which can be unequal and can be left in a will.
What's the difference between leasehold and freehold?
A freehold means you own the building and the land. A leasehold means you own the right to occupy the property for a fixed number of years, under the terms of a lease.
Can LegalBuddha do my conveyancing?
No. Conveyancing is a reserved legal activity. LegalBuddha provides general legal information only and doesn't carry out conveyancing or act for you in a transaction.