Back to Ask the Shaman

Home and Housing

Property

Summary

Topic hub for Property — 159 wiki pages extracted from approved sources.

Key information

  • 3 tax implications to consider before gifting property — Are you thinking about gifting property or assets to your loved ones? Gifting is a wonderful gesture that can bring joy.
  • Authorised Guarantee Agreement - what is it and how does it work? — An Authorised Guarantee Agreement (AGA) is a form of guarantee where an existing tenant of a commercial lease agrees to.
  • Beneficial Interest in Property: What Is It & How To Prove It — In England and Wales, when it comes to who owns a property, there are actually two parts to it. First, there’s the.
  • Beneficial interests in property - practical guide — Put simply legal ownership is about whose name is on the Land Registry title and the legal right to sell or transfer.
  • Break clauses in commercial leases — Break clauses are typically included in long commercial leases (typically leases of 10 years or more) and are generally.
  • Buying a new build property off plan — Buying a property off-plan (purchasing before construction is completed) can be an attractive investment or homebuying.
  • Buying a partner out of a property — The legal right to buy out your co-owner depends on how you own the property beneficially and whether you have a.
  • Buying a property with a partner — It is common for unmarried couples to purchase a property together with their joint incomes and assets. However, few.
  • Buying a short lease property: Your ultimate guide — Purchasing a home or investment property can be complicated, and it becomes even trickier with a short leasehold. While.
  • Can a property owner block an easement? — Easements give legal rights to access or land use, but what happens when a property owner blocks or interferes with.
  • Can a restrictive covenant be removed? — Restrictive covenants are legal rules that set limits on how a property can be used. They’re often put in place to.
  • Can I gift my house to my children? — Passing on your property to your children is a significant decision with legal, financial and tax implications. In this.
  • Can I Really Sell My House To My Child For £1? — "Can I sell my house to my child for £1?" is a common question among parents looking to help their children buy a home.
  • Can Leaseholders Install CCTV At Their Flat? — With the installation of domestic CCTV systems, including devices like Ring doorbells or cameras, becoming more.
  • Can neighbours enforce restrictive covenants? — Restrictive covenants are rules attached to a property that limit what you can do with it - often to protect the look.
  • Can you buy a freehold flat? — Buying property in the UK can feel complicated, especially when it comes to leasehold and freehold ownership. Freehold.
  • Can you sell a house without the deeds? — Thinking of selling your home but can’t find the title deeds? Don’t worry - you can still sell your property, but there.
  • Can you Transfer Ownership of a House with a Mortgage? — Are you wondering if you can pass on a house with a mortgage? It’s a common question with a not-so-straightforward.
  • Can You Use Cryptocurrency To Buy A House? — A 2022 government survey reports that around 5 million people in the UK hold, or have, held cryptoassets, with.
  • Charging Order to enforce a judgment - the pros and cons — A charging order is a legal mechanism that converts a civil judgment debt into a charge against the debtor's property.
  • Commercial and mixed use property refurbishment legal issues — Refurbishment is a very common issue for commercial landlords and developers looking to enhance asset value, attract.
  • Commercial Lease Renewal Disputes — Disputes over commercial lease renewals arise when a tenant exercises statutory rights under the Landlord and Tenant.
  • Deed of gift - property and other uses — A deed of gift is a formal legal document that records the full and final transfer of money or assets from one person.
  • Deed of variation for a lease — A property related deed of variation is a formal legal document most commonly needed to change the terms of an existing.
  • Deed of variation for a lease: What you need to know — If you own a leasehold property, you may find that the lease terms need updating to better suit your circumstances.
  • Deed of variation for ground rent — Managing ground rent can be challenging for many leaseholders, especially with rising costs and changing laws. One.
  • Dilapidation disputes and claims guide — Dilapidations claims arise when a tenant fails to meet their lease obligations to repair, reinstate, or redecorate.
  • Do I Need Planning Permission For A Summer House? — So, you've decided to build a summer house in your garden. But what does it involve? Whether you want a relaxing garden.
  • Do you have to pay Stamp Duty Land Tax for a shared ownership property? — Buying a home is hands down one of the most significant financial decisions you’ll ever make, and if you’re considering.
  • Easement and rights of way: Ultimate guide — Easements and rights of way are key parts of UK property law, allowing people to use land they don’t own for things.
  • Easements and restrictive covenants explained — Easements and restrictive covenants can affect how you use your property - whether that’s a legal right to cross a.
  • Evicting a residential tenant — If you want and need the reassurance of experienced and cost effective lawyers to ensure you follow the correct.
  • Examples of conveyancing solicitor negligence — The types of negligence detailed below are all well recognised scenarios where claims for professional negligence have.
  • First time buyer(s) legal guide — Buying your first home is a big step and one of the biggest financial and lifestyle decisions you will ever make, so.
  • First-Time Buyer Checklist: Legal Steps from Offer to Completion — Buying your first home can feel like a single decision, but legally it is a chain of steps that starts long before you.
  • Forfeiture of a commercial lease - key points — Forfeiture is the legal process by which a landlord lawfully terminates a commercial lease and repossesses the.
  • Gifting property and Capital Gains Tax explained — Transferring property to family members or loved ones as a gift may seem like a straightforward way to help them.
  • Ground Rent and the Proposed Legislation — There has been lots of discussion over the past few days around Kier Starmer’s TikTok video announcing a cap on ground.
  • Guide To Letting Leasehold Property — So you’ve recently purchased a lovely apartment in the heart of a city, or maybe you’ve owned a leasehold property for.
  • Guide to Share of Freehold Lease Extensions — If you own a flat with a share of freehold, extending your lease is usually more straightforward than dealing with an.
  • Hidden costs of Conveyancing — When planning to buy a house, there are many factors to consider. One of the most important, yet often the least.
  • House repossession process in the UK — For homeowners, facing the possibility of repossession is a stressful and overwhelming experience. However.
  • How do I get the deeds to my house? — If you own a home - or are in the process of buying one - you might need to access the title deeds. These documents.
  • How do I prove I own my house? — If you ever need to prove you own your home - whether you're selling, remortgaging, or handling legal matters - having.
  • How do leasehold properties work? Your ultimate guide — Buying a home is one of the biggest financial decisions you can make. In the UK, properties are commonly sold as either.
  • How long do you have to transfer property after death in the UK? — Losing a loved one is a deeply emotional time, and handling practical matters like transferring property can feel.
  • How long does it take to extend a lease in the UK? — Extending the lease on a property is a crucial step for leaseholders, especially when the remaining term falls below 80.
  • How much can you sell a freehold for in the UK? — Selling a freehold property or the freehold interest in a building is a major financial decision, and understanding its.
  • How much does a short lease devalue a property? — When buying or selling leasehold property in the UK, the lease length is a crucial factor affecting its value. Short.
  • How much does it cost to convert leasehold to freehold? — If you own a leasehold property, switching to freehold ownership can be an attractive option. It gives you more.
  • How to add someone to your house deeds — Adding someone to your house deeds might feel like a daunting task, but with the right steps, it’s easier than you.
  • How to Avoid Problems with Property Chain Transactions? — In todays Property Guide our Residential Property Expert Theodora explains how to avoid property chain transaction.
  • How To Deal With An Absent Landlord — So, your landlord seems to have disappeared, and you've tried reaching out through various channels without success.
  • How to find a covenant on a property in the UK — Before you make changes to a property, it’s worth checking if there are any restrictive covenants in place. These legal.
  • How to find how long is left on a lease — If you own, sell, or manage a leasehold property, knowing how many years are left on the lease is essential. The.
  • How To Find out Who Owns Property or Land In The UK — Finding out who owns a property in the UK is easier than you might think. Gone are the days of filling out forms or.
  • How to get a copy of your lease from Land Registry — Leases are essential documents that outline the rights and responsibilities of leaseholders and landlords. In this.
  • How to Protect Your Property from Adverse Possession Claims — If someone moves in and starts using your land without permission, you could eventually lose your rights to it. That's.
  • How to prove prescriptive easements — If you've been using a path, driveway, or utility route across someone else’s land for years, you might have a.
  • How to Resolve Disputes Over Shared Walls in Terraced Houses — Disputes over shared walls in terraced houses are a common source of frustration for homeowners. Resolving these.
  • How to Transfer Property Ownership to a Family Member — When you are a homeowner, you may decide to transfer property ownership to a family member. This is a common practice.
  • How To Write a Planning Objection Letter to the Council in 2023
  • Informal lease extensions: Your ultimate guide — Extending a lease is essential for protecting your property’s value, but not all extensions follow the same path. Many.
  • Is a 100-year lease long enough? — When buying a leasehold property, the length of the lease is a critical factor to consider. Many prospective buyers.
  • Is It Illegal to Cover a Drain Cover? — When it comes to drain covers, also known as manhole covers, there's a difference between covering one on your property.
  • Is It Illegal To Turn Off Someone’s Water Supply In The UK? — It sounds like something out of a bad TV programme - your neighbour spitefully turns your water off because of a petty.
  • Is my property freehold or leasehold? — When purchasing or owning a property in the UK, one of the most important distinctions to understand is whether it's.
  • Is Stamp Duty Land Tax payable on a transfer of equity? — The ins and outs of property and equity transfers can be complex. You might be wondering whether Stamp Duty is.
  • Joint ownership of property guide — Joint ownership just means two or more people share legal rights to a property. However, there are different ways to.
  • Lease Extension Reform: A Practical Guide for Flat Owners — If you own a leasehold flat, you may already know that as your lease gets shorter, your property’s value can drop and.
  • Lease Extensions Simplified - Costs, Rights & Common Questions — Lease extensions are a common issue for flat owners, particularly where a lease term has started to run down and begins.
  • Leasehold Enfranchisement Explained - Step-by-Step Guide — Leasehold enfranchisement is the process by which leaseholders (sometimes referred to as the flat owners or tenants) in.
  • Leasehold extension process: Your complete guide — If you own a leasehold property, extending the lease is a crucial step to maintain its value and protect your.
  • Leasehold Reform 2024: What you need to know — Leasehold property ownership has long been a much-debated issue in the UK, with leaseholders facing rising ground.
  • Leasehold vs Freehold: What\u2019s the difference? — One of the most important decisions when buying a property is if you'll purchase a leasehold or freehold property.
  • Legal Steps for Buying Joint Ownership Properties — Owning property is a long-term dream for many, whether it’s for setting up a business, leasing it out, or simply for.
  • My Service Charge Has Doubled! What Should I Do? — Landlords must be fair with service charges for maintenance, but the challenge often arises in determining what’s.
  • My Sister Is Living Rent-Free in A House We Inherited: What Can I Do? — Inheriting a house from your parents alongside siblings is a common scenario. However dealing with inherited property.
  • My Solicitor Didn't Register My Property - What Do I Do? — When you buy a house there are a number of legal steps you need to take. One of these is property title registration.
  • NatWest Chairman Faces Criticism Over Comments On Buying A House — Sir Howard Davies, the chair of NatWest Bank, raised eyebrows during a Radio 4 programme when he claimed that it is.
  • Occupational Rent: A Guide For Separating Homeowners — Property ownership can be complicated and challenging, especially when there is a separation between co-owners involved.
  • Overage Agreements and Clauses Explained — An overage agreement, sometimes referred to as a provision, is a type of property contract which means a buyer will pay.
  • Overage Agreements: What Are They and How Do They Work? — Overage agreements, also called uplift or clawback arrangements, allow a seller to share in any future increase in the.
  • Oversailing: What Is It and Why Is It A Problem For Property Developers? — As a property developer, you’re likely familiar with the many challenges that come with construction projects. One.
  • Party Wall Act Guide — If you're a homeowner planning to undertake building work, whether it's an extension, loft conversion, or even just a.
  • Permitted Development Rights & Rules Guide — If you’re looking to update your property to support your growing family, or to make home improvements to increase its.
  • Planning Enforcement Guide — Planning enforcement, whether we like it or not, plays an important role in how our communities take shape, impacting.
  • Property co-ownership disputes — Co-ownership disputes generally break down into 3 types :- * where there is a dispute about beneficial entitlement.
  • Property Fraud Prevention: Best Practices for Homeowners — In the UK, property fraud is a growing concern, largely due to advances in technology that make it easier for.
  • Property Investment in the UK — The UK is an attractive place to invest your money given the strong property market and rule of law, and property.
  • Property Misrepresentation Claims — Property misrepresentation occurs when a seller provides inaccurate or misleading information about a property, either.
  • Property option agreements explained — Property options allow one party (the option holder) the exclusive right, but not the obligation, to compel the.
  • Property sale process — We understand that selling your home can be an overwhelming process. We’ve answered some commonly asked questions to.
  • Release Under Investigation — If you are released under investigation this signifies that the police believe they have reasonable grounds to suspect.
  • Right of way disputes — Starting or defending a court claim involving rights of access to neighbouring land are time-consuming, stressful, and.
  • Rights To Light Law Guide — We all want as much natural light as we can get, in our living rooms, offices and in our bedrooms. The amount of.
  • Riparian Ownership: What Are Your Rights and Responsibilities? — If you have a small stream or river next to your back garden or running under your land, you are called a riparian.
  • Sale and leasebacks in property transactions — A sale and leaseback is where a business sells an asset while simultaneously agreeing to lease it back on a long-term.
  • Share Of Freehold Nightmares: Common Problems Explained — While share of freehold ownership can come with many benefits, the grass may not always be greener in some cases.
  • Shared ownership and leasehold explained — Buying a home is a big financial decision, and understanding different ownership structures is essential. Two common.
  • Shared ownership staircasing - legal guide — Staircasing is the process by which the owner can gradually increase their ownership percentage and reduce the rent.
  • Should I buy a house with a restrictive covenant? — Before you commit to a property, it’s worth checking if there are any restrictive covenants - legal rules that could.
  • Solicitors Fees For Buying A House: What To Expect [2023] — Buying a house is an exciting milestone, whether you’re doing it for the very first time or you’ve been through the.
  • Special purpose vehicles for property — A Special Purpose Vehicle (SPV) is a legal entity created for a specific, defined purpose. SPV's are subject to.
  • Staircasing and shared ownership: What is it & how do you do it? — Are you considering taking the next step up the property ladder? Whether you're a first-time buyer or looking to.
  • Surrender of a commercial lease — A surrender of a lease is the voluntary termination of the lease before its contractual end date by mutual agreement.
  • Tenants in common vs Joint tenants — When it comes to owning property with someone else, whether it's your spouse, family member, or business partner, it's.
  • The Conveyancing Process explained — Buying a property can feel like a maze of paperwork, contracts and legal jargon. But behind the scenes, the.
  • The nightmare of property related negative equity — Negative equity occurs when your property's value falls below the outstanding mortgage amount. In the UK property.
  • Transfer deeds: Your complete guide — Transfer deeds are vital documents in property transactions. Whether you’re buying, selling, or transferring part of a.
  • Transferring property ownership from joint names to single in the UK — Changing property ownership from joint names to a single name can be a complex process, but it doesn't have to be.
  • Typical Costs of Conveyancing in 2026: What Buyers and Sellers Should Expect — Conveyancing is the legal process involved in buying or selling a property. It ensures that ownership is transferred.
  • Unauthorised flat alterations — A long lease creates important rights and obligations for both long leaseholder and freeholder. Buying a long leasehold.
  • Underletting or subletting commercial property — In UK commercial property law, underletting typically refers to when a tenant lets the whole or part of their premises.
  • Understanding Restrictive Covenants: How They Affect Property Use — Buying a property is one of the best things you can experience. However, you must understand that owning property.
  • Wayleaves and easements: What\u2019s the difference? — Wayleaves and easements both grant rights to use land, but they work differently. A wayleave is a temporary agreement.
  • What are enquiries when buying a house? — Conveyancing enquiries, also known as pre-contract enquiries or property enquiries are an important part of the house.
  • What are quasi-easements? — If you own land, you might already be benefiting from a quasi-easement without even realising it. These rights exist.
  • What are Squatters’ Rights? — If you’re a landlord, knowing and understanding the law on squatting will protect your interests and help you with.
  • What Are the Legal Requirements for Installing Solar Panels on Your Property? — There are many benefits to installing solar panels on residential properties in the UK. They are growing in demand with.
  • What are the three types of easements? — Easements are the unsung heroes of property law, helping homes, businesses, and landowners function smoothly. Whether.
  • What do property title deeds look like? — Property title deeds are official documents that prove who owns a property. They also outline key details like.
  • What do you need to consider when purchasing a leasehold property? — Our Residential Property Expert Theodora advises that at least 85% of the residential property transactions she is.
  • What does easement by prescription mean? — Ever used a shortcut across someone else’s land for years? Or relied on a private path to access your home? If so, you.
  • What Does Elevation Mean In Property Terms? — Property law can be confusing, especially terms like "elevation." This article aims to unpick the concept of elevation.
  • What Does Vacant Possession Mean? — If you’re in the process of buying or selling a house, you might have heard the term vacant possession. But what does.
  • What happens if you breach a restrictive covenant? — Restrictive covenants are legal rules attached to a property that limit what the owner can do with the land or.
  • What happens when a leasehold expires? — Owning a leasehold property means that you don’t own the land outright, but instead, hold rights to use it for a.
  • What is a deed of trust in the UK? — A deed of trust is a legal document used to outline how property is owned and managed by two or more parties. Deeds of.
  • What is a Flying Freehold? — If you’re thinking of buying a house or commercial property, you might have come across the term “flying freehold” and.
  • What is a headlease in the UK? — If you're a leaseholder, you might have encountered the term headlease before. It’s a key concept in leasehold.
  • What is a lease in the UK? Definition & renting guide — If you’re renting or leasing a property in the UK, understanding how leases work is essential. Tenants, landlords, and.
  • What is a restrictive covenant? Ultimate property guide — Restrictive covenants are legal rules that limit how a property can be used. They are often put in place to protect the.
  • What Is A Section 20 Consultation? — Under the terms of a lease, some leaseholders have to pay towards the cost of any services or work to the building.
  • What is a Section 42 Notice? — When you want to extend your lease, you’ll need to start the process by serving a Section 42 Notice. It’s an important.
  • What is a title plan? — A title plan is an official map from HM Land Registry that outlines a property's boundaries. While it doesn’t provide.
  • What is a TP1? Your complete guide — A TP1 form is a key legal document in the UK for transferring part of a property. Instead of dealing with the whole.
  • What is a TR1 form? Your complete guide — A TR1 (Transfer of Whole of Registered Title) form is a legal document in the UK used during property transactions. It.
  • What Is A Unilateral Notice [Full Guide] — You'll often see unilateral notices in the charges register of a property, especially if it's registered. These notices.
  • What is an easement in the UK? Ultimate legal guide — Easements might sound complicated, but they’re simply legal rights that let one property owner use part of another’s.
  • What Is An Occupier Waiver Form? — When you’re buying a property with a mortgage, you might come across something called an occupier waiver form. This.
  • What Is Commonhold Property? — You might already be familiar with the terms freehold and leasehold, but what about commonhold? If you haven’t the.
  • What is covenant consent and why is it important? — If you’re buying, selling, or making changes to a property, you may need covenant consent - permission to ensure your.
  • What Is Gazumping & Is It Legal? — Gazumping might sound like the pastime of an alien or monster from a children’s book, but it’s actually a property.
  • What is housing disrepair? — Housing disrepair happens when a rented property has issues or damage that the landlord is legally responsible for.
  • What is marriage value in a leasehold property? — If you own a leasehold property, you may come across the term marriage value, especially when extending your lease or.
  • What Is Peppercorn Ground Rent? — Are you confused as to what peppercorn ground rent is? You're not alone. Many prospective leaseholders, leaseholders.
  • What is the difference between a Leasehold and Freehold? — Leasehold ownership of a flat gives the owner the right to own the property for a set length of time, this is referred.
  • What is the latest guidance on leasehold reform? — Manjit Rai, Solicitor in our Property Department discusses the latest guidance on Leasehold reform and what this could.
  • What is the legal process for buying a leasehold property with a short lease? — Unlike freehold properties, in a leasehold, you have the right to live in the property for just a specified number of.
  • What Is The Maximum Fence Height Without Planning Permission? — Whether you're caught up in a dispute with a neighbour about fence height or the right to light in your garden, or you.
  • What Is The Registered Charge On A Property? — A registered charge is like a flag on your property, showing it’s used as collateral for a debt or a loan. In this.
  • What is the right of first refusal for leaseholders and how does it work? — The Right of First Refusal (RFR) represents a significant protection for long leaseholders of flats in England and.
  • What Is Voluntary First Registration? — Voluntary first registration is a process in which property owners can choose to register their unregistered land or.
  • What to do if the freeholder is absent — We have 1 of the UK's largest and fastest growing specialist property law teams. We have dealt with many situations.
  • When will ground rent be abolished? — In recent years, the UK government has introduced major reforms aimed at making leasehold property ownership fairer.
  • Who Can Witness A Signature On Legal Documents in the UK? — Having a witness to a signature on a legal document is a legal requirement in the UK. Without a witness to a signature.
  • Who Is Liable For Storm Damage? — Extreme weather is becoming more common, both globally and in the UK. In 2023, the UK was hit by four storms: Agnes.
  • Why would anyone buy a leasehold property? — When purchasing a home, the decision between leasehold and freehold can feel overwhelming. Leasehold properties often.

Practical guidance

  • Browse the wiki pages above for guidance on Property.
  • Answers should cite the source URL and raw file path from each page's Sources section.

Related topics

Courts and DisputesHome and HousingBuying and SellingProperty

More in this area

This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.

Property | Legal Shaman