BLOGS

It is an uncertain and worrying time and it is not yet known what long-term impact the coronavirus will have on the economy.

However, as a Commercial Property Solicitor, there are lots of ways that I can continue to help my clients and their businesses at this challenging time.

I am working from home and remain fully contactable. I am also now able to video call and hold virtual meetings with clients in order to help as best I can.

Despite everything that is happening I am still receiving new instructions from clients. I am progressing sale and purchase acquisitions as far as possible. I am also dealing with numerous leases, transfers, mortgages, first registrations and a variety of other Property matters.

As well as dealing with Commercial Property, I also deal with all Agricultural Property matters for the firm. As buying and selling Agricultural land rarely involves physically having to move or hand over keys, I am still largely able to complete these matters, despite the current coronavirus restrictions. I am advising that all matters that are completed at this time are exchanged and completed simultaneously, but of course this is under constant review.  The following are key things to think about when looking to purchase land and are matters that I can advise upon during the purchase transaction:

• What is the extent of the land you are purchasing? Is it part of a larger piece of land and if so are the boundaries defined?
• What legal rights of way or access is there to the land? Where is the nearest public highway and does this abut the land?
• What is the current use of the land and if required, does the land have the necessary planning permission(s) to fulfill your proposed use?
• Is the land subject to any covenants, restrictions or overage that may restrict what you can or cannot do on the land and may have financial implications?
• Is the land subject to any entitlements that you may have the benefit of such as Stewardship Agreements or the Basic Payment Scheme?

Even if you are not looking to sell or purchase land at this time, do you own land and do you know if it is registered at the Land Registry? Since 1990 all Property and land in England and Wales has been subject to compulsory registration. This means that if it is subject to a specific event, such as a sale, it must be electronically registered at the Land Registry. Once a title to a Property or land is registered it is given a title number. Each title number describes it, states the names and addresses of the owners and sets out any specific dealings with the Property or land or encumbrances that affect it. The benefit of registered Property and land is that title registers are kept up to date and are easily accessible. It means that you do not need to rely on historical paper title deeds to prove your ownership.

Despite Property and land nowadays having to be registered compulsorily, there is still plenty in England and Wales that has not changed hands since compulsory registration was introduced and therefore remains unregistered. I am able to assist with reviewing historical title deeds in order to establish ownership and preparing Land Registry applications for registration. It is good to note also that the Land Registry charge a reduced registration fee for the voluntary first registration of unregistered Property or land. The following are some benefits to registration:

• It will provide greater certainty as to what you own
• If it is registered at the Land Registry it does not matter if historical title deeds are later lost, so long as registration has been completed.
• It will make dealings, such as dealing with a sale, quicker and easier for both you and your solicitor as your solicitor will not need to review all of the historical title deeds, which will make the process less costly for you.
• It can help prevent fraud, which could occur if title deeds have been copied or go missing.
• Registering your Property or land may make it more attractive to buyers who will pay a reduced registration fee following completion to update the title if the Property is already registered.

Should you wish to discuss any Commercial or Agricultural Property queries you may have please feel free to call me on 01278 454468 or email at hannah.jones@pardoes.co.uk. I would be happy to give you a free no obligation estimate of legal fees and costs and answer any queries that I may be able to assist with.