If you a buying a property alongside someone else, you may wish to consider having a ‘Deed of Trust’ prepared. A Deed of Trust (also known as a ‘Declaration of Trust’) is a legal document that can be drawn up between two or more parties as part of a property purchase. The purpose of the Deed is to set out exactly who has a financial interest in the property and what their ‘stake’ in it is.
Most people buy properties together as ‘Joint Tenants’, which means they own the property together equally. This would mean that, should the property be sold in the future for any reason, then both owners would receive a 50/50 split of the sale proceeds. Depending on the circumstances of how the property was first purchased however, you may not feel that this is fair, and a Deed of Trust can help set out how the proceeds of a sale should be distributed.
If you are planning on purchasing a property and have any queries about how a Deed of Trust may help in your circumstances, please do not hesitate to contact us here or call us on Our conveyancing team are very familiar with preparing Deeds and would be more than happy to help in making sure your wishes are accurately reflected.
An investor has pulled out causing our chain to collapse, what can we do?
The current market and national economy is so uncertain that people may choose to wait and indeed remove their risk by pulling out of the transaction. Although there is no reason not to carry on as normal in terms of the legal process we have to consider slower transaction times or hesitant investors or buyers.
At what point in the process is it legally binding?
You can withdraw from a sale or purchase up until the point contracts have been exchanged. Any deposits paid after exchange of contract will then by non-refundable. After contracts are exchanged you are then responsible for the property you are buying and should arrange suitable insurance from this date.
How long are local searches valid for?
A local authority search completed for a house purchase is valid for 3 months.
How long does the conveyancing process take on average?
We usually say 8-12 weeks for an average sale or purchase. Queries and concerns can often come out of the local authority searches which need further investigation and sometimes this leads to re-approval from the Mortgage lender. This can add further time into the process.
What happens if we can’t produce certificates for work we’ve had done on the house we’re selling?
You can indemnify the work by taking out an insurance policy. This means that you can not be held liable for any future fault on the work that was done. We can arrange this for you
What is Stamp Duty and how much will I have to pay?
Stamp Duty is a tax levied by HM Government on a transfer of property. For residential single property ownership this tax is calculated at 5% for the portion of the property value between £250,001 and £925,000, 10% for the portion between £925,001 and £1,500,000 and 12% for the portion £1,500,001 and over. Duty may also be chargeable on any rental charge (leases only) - this affects both residential and commercial leases where different thresholds are applied. There are different rates for First time buyers and "second homes/buy to let".
What is the difference between Joint Tenants and Tenants in Common?
Tenants is Common is where two or more people are entitled to the proceeds of sale in distinct shares - on the death of one, his/her interest will not pass to the survivor(s) but will be part of his/her estate. Joint Tenants are on the other hand 50/50 Co-owners of land - when one of them dies, his/her rights of ownership pass to the survivor(s).