Residential Property Solicitors in Leeds, Sheffield and York

Our expert residential property solicitors have been helping clients throughout Yorkshire and further afield, to buy and sell residential property for many years, but also helping to solve other legal matters that homeowners encounter.

Whether you are a first-time buyer, seeking a family home, or buying the property of your dreams, our friendly and experienced team will make sure the transaction is completed as quickly and efficiently as possible and that you are fully informed of the process at every stage.

Buying and selling property is a complex procedure with the potential of becoming stressful and frustrating. Concluding a property transaction in the UK can take time, but by working with Lupton Fawcett you’ll have the peace of mind of knowing that no time is being wasted.

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Expert Legal Services for Residential Property Matters

Our residential property lawyers are well recognised throughout Yorkshire.

We offer direct access to our solicitors and a simplified approach designed to be fast and reliable.  We aim to reduce the emotional upheaval often associated with property transactions.  We understand your frustrations with unnecessary paperwork, confusing language and unexpected delays, and we’ll do everything we can to minimise them. We will explain the process to you clearly so there are no uncertainties, and update you regularly as things progress.

In addition to handling sales and purchases of residential property assets, our expert Residential Property Solicitors also provide legal services for all other property related legal matters including:

First Registrations and Reconstitution of Title

If your property was purchased before 1st December 1990, it may not be registered with the Land Registry.

The rules were changed to simplify the conveyancing process and computerise all title deed records. If your property is not registered with the HM Land registry, there is likely to be a delay which in the worst cases has been known to take up to a year to resolve.

Transfer of Equity

You may wish to change the way a property is owned by adding or removing someone from the title deeds.  This might be done in response to a change of status following a marriage or divorce, or for strategic reasons concerning inheritance tax liabilities or capital gains tax allowances.

If there is a mortgage on the property, the value of your equity is calculated as the value of the property minus the outstanding mortgage.  For example, if the property is valued at £300,000 and there is a £100,000 mortgage on it, the equity in the property is £200,000.

Subject to the consent of the mortgage lender, equity can be transferred fairly quickly. The person transferring their share will be released from their mortgage obligations. Often the remaining co-owner raises an additional mortgage advance from the lender to be able to pay out a fair share to the outgoing co-owner.

There are various factors to consider depending on your personal circumstances, so it is important to seek the advice of an experienced Residential Property Solicitor if you are considering changing the co-ownership status of your property.

Change of Ownership

If you want to fully transfer the ownership of a property to someone as a gift, or to reduce inheritance tax liabilities in the future, speak to one of our residential property lawyers today.

Even if no money is changing hands there are many moving parts in a property transaction.  You’ll need to consider all the potential consequences and make sure your interests are protected.

Leaseholders Rights

When you buy a leasehold property, most commonly this would be a flat although some houses are leasehold too, you only own it for a certain period of time.  At the end of the lease, ownership returns to the landlord.

According to the terms of your lease, you will have certain rights and responsibilities to do with alterations, maintenance charges, and neighbour disputes.

Leasehold owners of flats in England and Wales have additional rights including:

• The right to buy the freehold
• The right to extend the lease
• The right to manage
• The right to appoint a manager
• The right to dispute service charges
• The right to consultation on major works

The Property Solicitors at Lupton Fawcett have years of experience in this area of law and have represented clients from Yorkshire and throughout the rest of the UK.

Shared Equity Schemes

An attractive option for those struggling to afford their own home, shared ownership schemes allow you to purchase a percentage of the property, and pay rent on the share you do not own.

While this may sound straight-forward on this surface, you are entering into a complex long-term contact with a wide spectrum of terms and conditions that need to be fully understood.  By taking advice from a residential property expert at the outset you’ll gain the peace of mind that you are aware of any clauses that could have an impact in the future, and make sure the agreement is the right one for you.

Buying a property from an auction

The key elements to successfully buying a property from an auction are preparation, speed and information.

Property auctions offer the opportunity to pick up a property at an attractive price,  and speed up the buying process, but there is plenty of groundwork to do before the day of the auction.  There may be a good reason for the property being available at a low price, and you need to make sure you are comfortable with this.

Once you’ve selected the properties you are interested in from the auction catalogue, you should request the pre-auction legal pack which includes local searches, title deeds, an information form and a list of fixtures and fittings.

Appointing a solicitor at this stage is part of your necessary due diligence before making a bid at the auction,

Once the hammer falls, you are committed to complete the purchase whether or not you have done any research about the property, and even if there are issues with the title.

We’d be happy to prepare a pre-auction report for you.  The cost of this can be deducted from the full costs of conveyancing if you do buy.

Buying a new build property

The legal process of buying a new build property can be more complex than any other type of conveyancing.  You might be buying the property off-plan, or mid-way through the construction processes having only seen the show home.  So, it’s important to instruct a solicitor with experience in dealing with new build property contracts and the deadlines involved to ensure a successful outcome.

Before purchasing a new build property, it is essential to check that the property has been built in accordance with the planning permission obtained, that there are no restrictive covenants that could impact your enjoyment of the property.

Other issues which would be investigated by your solicitor include failure to arrange NHBC inspections, incomplete agreements for roads and sewers and so on.

Our residential property solicitors have extensive experience dealing with new build property purchases, liaising with on-site sales teams, and achieving tight deadlines.

Buying a repossessed property

The main reason people are interested in buying a repossessed property is the possibility of getting a good price.  However, there are some potential pitfalls with buying a property this way, so you’ll need a solicitor who is used to handling these types of transactions.

One of the main challenges here is that the seller is a mortgage lender, and they’ll be unable to provide any of the information you would usually expect to get from the seller.

Furthermore, it’s important to realise that the property was repossessed for a reason.  There may be charges and notices registered against the property that would need to be removed prior to you becoming the owner.

If the property was repossessed a long time ago it may have been boarded up, or fallen into a state of disrepair.  The condition is likely to be reflected in the price but you must consider the cost of repairs.

Mortgage lenders are under a legal obligation to sell the property for the best possible price, so time is of the essence to avoid a higher offer being accepted before you’ve had time to complete.

If you are considering the purchase of a repossessed property, talk to our property law team today for expert advice.

Residential Property Market in Yorkshire

While the forecasts for the property market in Yorkshire at the start of 2020 were full of optimism, it remains to be seen how things will eventually unfold given the unprecedented impact the Coronavirus pandemic has had on the economy throughout the country.

Supply has outstripped demand in the region for some time now, with pressure from various types of buyers looking for property here.

There has been an increase in demand for properties in rural areas as people seek less crowded places to live, and more people using remote working opportunities to relocate to areas offering a better lifestyle for their families and better value in their property purchase.

There has been an increase in second home buyers looking for a rural retreat in Yorkshire as an alternative to international holidays.

There is an abundance of stunning countryside throughout the region including the Yorkshire Dales and North York Moors, as well as the world-famous North York Coastline including resorts and fishing villages such as Whitby, Scarborough and Robin Hood’s bay.

Add this to the high number of good schools, good transport links and lower population than other parts of the country, it is easy to see why so many people are interested in purchasing a residential property in Yorkshire.

Whether you are a first-time buyer, a Yorkshire expat coming home, a second home buyer or retiree moving to the country, we have the local expertise to support you. Contact us today to discuss your plans.

Contact our Residential Property Solicitors today

At Lupton Fawcett, our specialist Property Solicitors are on hand to help with any legal aspect of residential property to ensure you get the desired outcome as quickly as possible.

We understand the importance of timing and reliability when it comes to residential property sales and purchases, so you can rely on us to drive the process forward on your behalf.

Lupton Fawcett is a leading personal and commercial law firm in Yorkshire with well-established teams of Residential Property Solicitors at each of our offices.

You can find out more about our Residential Property teams in West Yorkshire, North Yorkshire and South Yorkshire here:

Leeds

York

Sheffield

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Our Residential Property Solicitors act regularly for clients across Yorkshire including Bradford, Chesterfield, Halifax, Harrogate, Huddersfield, Rotherham, Wakefield.

As a recognised full service law firm, we can support your needs wherever you live in England or Wales.

Call today or complete the enquiry form and we will get back in touch with you quickly. We will always respond promptly, and we will be happy to help.