Burns Nowlan Solicitors Newbridge
Burns Nowlan Solicitors Newbridge

Conveyancing

This is the area of law most commonly associated with the buying and selling of properties - whether houses apartments sites or commercial properties. However coveyancing also relates to the area of mortgages, purchase of freehold interests, applications arising by way of adverse possession  and other similar transactions relating to the perfection of titles. 

Regardless of the type of property being purchased or sold the same concerns arise – ensuring that the title is a good marketable one, the planning permission relating to the property has been complied with and that the property is properly identified and  its boundaries are defined.

If acting for a Vendor [person selling] the following are some of the issues which  arise:-

  1. The whereabouts of the title deeds and the identity of the property by way of reference to title maps. These title deeds may have to be obtained from the Building Society/Bank.
  2. The sale price and the deposit payable.
  3. The date of closing – a realistic closing date should be chosen and one which will accommodate the needs both of the Vendor and the Purchaser(s).
  4. Whether any contents of the property are to be included in the purchase price. If so these should be specified in the contract.
  5. If any extensions or additions to the property have been carried out whether the necessary certificate of exemption from Planning Permission is available or alternatively the Grant of Planning Permission and the Certificates of Compliance with Planning Permission and Building Regulations.    
  6. An Energy Rating Certificate is now a compulsory feature for all properties being sold.
  7. If married a  marriage certificate; if separated - a copy of the Separation Agreement or Decree of Judicial Separation;  if divorced - a copy of the Decree of Divorce.
  8. Details of your P.P.S number(s).   

If acting for the Purchaser the following are some of the additional issues which will arise:-

  1. The property and/or  site and its boundaries should be surveyed and inspected by a suitably qualified Engineer/Architect/ Surveyor.
  2. A planning search should be carried out at the same time by your expert to ensure that there are no Planning orders affecting the property or indeed its immediate area.
  3. The contract should be made subject to you obtaining a Loan for a specified amount within a specified period of time –this allows you to terminate the contract and seek the refund of your deposit if anything should occur to your loan or indeed the amount you are sanctioned for.
  4. If there are any matters of concern to you in relation to the house/apartment/site these should immediately be brought to the attention of your Solicitor who will raise the appropriate queries on your behalf and seek the answers thereto.

We will always endeavour to ensure that the transaction is processed as smoothly as possible for a client as the sale/purchase of a property can often be quite a traumatic experience.

Mortgaging a property has its own requirements some of which are set out below:-

  1. The title deeds to the property have to be obtained from the previous Bank/Building Society. A form of authority should be signed at the outset of the transaction.
  2. The special conditions to the loan should be complied with at the earliest possible date -  furnishing identification or bank statements; signing of direct debits; effecting Life and Household Insurance Policies. It is important to remember that the name of the Bank /Building Society has to included in the Household Insurance Policy.
  3. If the property is in the course of construction the supervising Architect will have to furnish Stage Payment Certificates in addition to an undertaking that on the completion of the property he will furnish a Certificate of Compliance with Planning Permission and Building Regulations.    

There are innumerable other transaction relating to property with which we can assist you. If a previous owner has died or if a mortgage has been repaid an appropriate application must be made to up date the title to your property. On rare occasions a defect on title may be discovered which will require immediate corrective action to be taken. Alternatively if there has been any unlawful encroachment on your property this may have to be rectified by application to Court. 

We at Burns Nowlan have many years experience of dealing with all types of title [whether Freehold or Leasehold] and many different issues which have arisen. In the event that you need assistance or advice in relation to any aspect of property ownership do no hesitate in contacting us.

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