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Boundary disputes are a complex area of law and they’re extremely common. Our boundary issue solicitors are highly experienced in the process of dealing with boundary disputes and will support you in commercial, residential and agricultural boundary disputes.

Although a complex area of the law, boundary disputes are extremely common. The most common being a dispute of boundaries with a neighbour.

When you’re in a boundary dispute with a neighbour, you will benefit from working with a specialist solicitor for boundary issues.

Why boundary issues are difficult

Many people are under the assumption that a boundary separating two properties is a straight line. This is not the case, boundaries can change over time and that is where the complexity normally lies.

Boundaries change, and that comes down to many reasons. One of the most popular being that a straight line over time has been moved or changed slightly due to the removal or replacement of that boundary.

How our boundary issue solicitors can help

Boundary disputes can occur in relation to residential, commercial and agricultural land. We’re experienced with all three types of boundary disputes, and the most common being residential.

One of the reasons that boundary disputes develop over time is due to the fact that neighbours have an understanding (right or wrong) that a piece of land is theirs. It’s imperative that we investigate and find out who owns the disputed land.

Clear evidence can squash such issues, but the problem arises when the land has changed, or the document or lease describes the land inaccurately.

Many cases start with a minor disagreement between two neighbours, but they often blow up into something much bigger when you can’t agree on who owns the land. This is why it’s imperative to seek our expert advice and ensure the issue doesn’t develop and cost you a lot of time and money.

Easements and right of way focusses on situations where privately-owned land can be legally accessed by somebody else. There are certain laws which must be respected when it comes to using someone’s property, and that’s where our right of way easement solicitors can help.

What is an easement?

An easement is the right to use or access someone’s property without having ownership of it. There are a number of easement rights all suited to the varied causes of an easement.

Easements have proven useful for a number of reasons. For providing pedestrians with safe access from one point to another, or for workers who will be crossing someone’s land regularly due to the work they’re completing on another property nearby.

Easements can also forbid the landowner from using their plot in ways which affect the rights of their neighbours. As an example, if someone has built a structure which interferes with the ease of access to their neighbour’s driveway.

What is a right of way?

A right of way is the most common type of easement. The rights mean that someone else has rights of access or joined ownership of connecting lands.

Many people are under the assumption that if they own a property or piece of land that it’s solely theirs. Some properties, however, may have a right of way law in place where other people legally have the right to pass over your land. This can be public rights of way or rights of way for private land.

The disagreements which can occur can derive down to whether a right of way exists, the extent of the right, and the responsibilities of the law.

Proceeding with right of way easement disputes

Rights of way can cause issues for landowners or those who have right of way to access a property. Disputes about land are common and can become extremely time consuming and costly.

Our team of right of way solicitors will be able to get to the heart of the problem and work toward rectifying the issue. We’re experienced in dealing with a range of right of way disputes and will be more than happy to speak with you in regard to your issue or dispute.

When it comes to residential leases, there is a great deal of legal rights involved for the property owner, landlord and tenant. Our legal advice covers residential leases and tenancy agreements, and our solicitors can advise you whatever your role in the predicament.

Whether you’re the property owner, landlord or tenant in the process of a lease, you must know and understand your grounds when it comes to a residential and living agreement.

With the assistance of our residential property lease solicitors, you will be able to learn more about where you stand and what the laws are surrounding residential leases.

What is a residential lease?

A residential lease is a tenancy agreement between you as the tenant (or tenants) who pay an agreed amount of money to occupy the property belonging to an individual or business (the ‘landlord’). It’s essentially a contract which has been signed and acknowledged by both parties, being the ‘tenant’ and the ‘landlord’.

A tenancy agreement is pivotal in any case. Without one, it makes any case difficult as neither party made any written agreements in terms of their right with the property.

Any agreement for the habitation or rental of a property should be accompanied by a tenancy agreement. It should be clearly set out like a contract and display the key information, whilst clearly displaying acknowledgement from both parties.

Experienced Residential Property Lease Solicitors

Properties across the UK are most commonly leasehold or freehold.

Leasehold is where someone owns a property for a fixed term but not the land where the property sits.

Freehold is where the ownership is for both the property and the land. A freehold also means that the owner owns the land for no time limit.

Our property litigation department are vastly experienced with claims referring to both types of leases. Although leases can be very complex, we’re proficient in dealing with the disputes regarding residential leases.

Our expert residential property lease litigators can advise on:

• Buying and selling a leasehold property.
• Extending leases – for both tenants and landlords.
• Gaining the freehold of an estate.
• Service charge disputes.
• Forfeit and breach of leasehold covenants.

Work with a trusted litigation team

There are many complications and conflicts that can arise in property. As an accredited member under the Law Society’s Conveyancing Quality Scheme (CQS), you can rely on our expertise and professionalism as a law firm.

Our conveyance solicitors are vastly experienced with the laws and legal procedures involved with mortgaging and re-mortgaging.

If you’re looking to purchase or sell a home, then you would benefit from the expert advice and approach of our mortgage solicitors here at Middletons Solicitors.

When you agree an offer to buy a property, you must then work with a qualified solicitor or conveyancer to complete the transfer process of changing the legal ownership of the property to you. This process is known as conveyancing.

What will a solicitor or conveyancer do?

The reason that you work with a solicitor or conveyancer is to ensure that everything is legally correct. Your solicitors will handle all the legal aspects of buying or selling a property.

By working with our team of mortgage solicitors, you can feel confident in the fact that they’re experienced and qualified in their speciality. We will keep you updated regularly throughout the process and ensure that we are available to support and speak with you during, what can be, a stressful time.

Our solicitors & conveyancers will:

• Provide legal advice.
• Handle contracts.
• Manage land registry.
• Transfer the funds to pay for the property.
• Complete local council searches.

Re-mortgaging your leasehold or freehold property?

If you’re looking to re-mortgage your property, you will need a licensed conveyancer or conveyance solicitor.

Re-mortgaging is a great approach for lowering the cost of your monthly mortgage repayments, but the process requires the support of a qualified solicitor or conveyancer, which means there will be a fee set by the solicitor to complete the process. 

Our team of experienced mortgage solicitors & conveyancers

We’re fortunate to have a team of expert property law professionals. Our team is made up of Chartered Legal Executives, Conveyancing Executives, and Senior Residential Property Solicitors.

When a landlord rents out their property to a tenant, it’s essential that there’s a tenancy agreement. Many people see the prospect of letting their property as an easy means of earning an income, the risk remains that it can be a legal minefield in terms of the landlord’s and tenant’s rights in a dispute.

Tenancy Agreements

When any property is let out, a cohesive agreement is set out to inform the rights and responsibilities of each party. If there is no agreement in place, then that’s where disputes can form. And if there’s no tenancy agreement, it makes the case even more complicated.

What is a tenancy agreement?

The tenancy agreement is a contract between a tenant and their landlord. It can be an agreement which has been agreed verbally or in written form.

A tenancy agreement outlays the rights of both the tenant and landlord for a property. For a tenant, it will include your right to occupy the accommodation, whilst for the landlord, it displays their right to receive rent for letting the accommodation to the tenant.

It’s in a tenancy agreement that all the details of the agreement are outlined. If you’ve made certain agreements, whether you’re the tenant or landlord, it must be highlighted in the tenancy agreement; as long as it is within the law.

How our team can help

Our residential property solicitors are vastly experienced with the process of tenancy agreement soliciting.

Through our years of experience and knowledge, we are well practised in the common difficulties that can arise in tenancy agreements.

By working with our team, we will:

• Ensure you understand the different types of tenancy agreements.
• Help you identify the right tenancy agreement for you.
• Explain any legal issues you could encounter.
• Highlight the key requirements and terms of your tenancy agreement.

Whatever your issue, you can trust us to direct you to a resolution!

By having a clear tenancy agreement in place, you will reduce the chance of any disagreement. It’s imperative that both parties understand where they stand in their position of the property rental.

Transfer of Equity is the process in which you can change the legal ownership of a property. The process can be extremely complex and stressful for clients. It’s for this reason that our Wiltshire transfer of equity solicitors are here – to reduce the difficulty and stress involved.

Transfer of Equity

Arranging the transfer of equity on a property needn’t be difficult. We have supported many clients over the years with the process. Whether a transfer of equity is required through a break-up or property being gifted, we can help.

What is Transfer of Equity?

Transfer of equity is the process in which the owner of a property wants to add or remove a person from the register of the property, or when the equity in a property increases or decreases.

The common reasons for a transfer of equity include:

• A couple has split up.
• A marriage has ended.
• A single person wishes to add their partner to their titled deed.
• The property is being gifted.
• Transfer of the property between family members.
• Court order.

The typical steps of an equity transfer

The transfer of equity must begin with everyone’s permission. We’ll begin by gaining authorisation from the mortgage lender.

This will be completed through a Deed of Transfer document. All the parties involved in the equity transfer will then acknowledge and sign the document. It can be a sensitive situation, but we’re adaptable, our solicitors are happy to liaise effectively between everybody.

When this has been completed, the property will be valued. Once the valuation has been completed, the title investigated, the Deed of Transfer signed, and potentially a re-mortgage being completed, the final stage can be completed. This is to register the change of ownership at the Land Registry.

Equity release is a common method for property owners who are looking to obtain a lump sum of money or a steady stream of income. The process can be daunting, but our equity release solicitors aim to make it simple.

Equity Release

Equity release is a financial arrangement in which a property owner decides to access their property’s value to receive cash during their retirement.

It’s a financial scheme which is available to property owners aged over 55 years old. Most equity release products are aimed at homeowners over 60. The reason for this is a 60-year-old is more likely to own their property outright or have nearly paid the mortgage.

If you’re a homeowner and you’re considering equity release to free some extra funds for yourself or a family member, then do speak with our solicitors.

Why consider equity release?

Pension losses can occur. Whether you have encountered an unexpected expense, or you wish to invest this money elsewhere, then an equity release could be a great solution. It’s a great way to tap into the funds you’ve accrued in your property investment and receive money in your bank account.

Although it does seem like an easy solution, there are key aspects of equity release which everyone needs to know before they commit. Our team of equity release solicitors will be able to guide you into making a decision to best suit you in the present and future.

The types of equity release schemes

There are two main equity release schemes available.

Lifetime mortgages

A lifetime mortgage is a popular type of equity release. It’s a long-term loan that allows you to borrow a proportion of your home’s value. The funds you can borrow will depend on your age and the value of your property.

In terms of repayments, the mortgage differs to a regular mortgage. You will not have to make any repayments before the end of the plan.

You will need to pay the interest and loan in full. It will need to be paid when you die or when you go into long-term care. It can be paid by deducting the amount from the sale of the property.

Home reversion

A home reversion scheme is different in the way that you will be selling a share of your property to a provider. They will purchase the share for less than the market value. You’ll become a co-owner, but you will still be able to continue living in your property for the rest of your life.

The provider will get the same share whatever your home sells for. This will happen when the time arrives, most commonly when you die or move into long-term care.

What to do if you would like to release equity from your property

Even if you’re sure it’s the right decision, we recommend that you seek professional advice before you begin the process of equity release.