Emyr Pierce

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Take the stress out of moving

You’ve had an offer accepted on your dream house. Now what? In the first instance you need to instruct a Solicitor who will liaise with the Sellers’ Solicitors to ensure that appropriate searches are carried out, that all enquiries are dealt with, that your mortgage offer is in hand and that the title to your property is in order before you commit to the purchase.

But how do you know who to choose? Here, Emyr Pierce, Managing Partner of Emyr Pierce Solicitors in Rhiwbina, sets out your eight-point guide to appointing your Conveyancing Solicitor.

  1. Get advice early – moving house can be a daunting journey particularly if you are a first time buyer. A firm such as Emyr Pierce Solicitors are happy to listen to your concerns and discuss preliminary issues or queries to help steer you in the right direction and point out potential pitfalls at the very outset.
  2. Speak to your Solicitor first before you do anything else so that you can receive impartial advice and guidance before you commit to any other financial obligations.
  3. Do not necessarily go with your estate agent’s recommendation – particularly if there is commission payable to the agent for such a referral.
  4. Fixed fees — specialist Conveyancing Solicitors, like us, will charge fixed fees. We offer highly competitive quotations and happily provide a detailed breakdown of costs and disbursements at the outset, calculated to the penny, so you can budget accurately and with confidence so there are no “hidden” extras to surprise you at the end of the transaction.
  5. Choose genuine specialists – Solicitors accredited with the Conveyancing Quality Standard (CQS) are experienced specialists in the field of residential conveyancing so that you can be sure that you are being looked after by experts.
  6. Accessibility – choose a Solicitor who is available at times to suit you. We recognise that our clients have busy schedules so our offices are open on Saturdays and later than you would expect on weekdays.
  7. Competent and quality services — our lengthy list of positive client testimonials emphasises the level of our competence and endorses the quality of our services.
  8. Access to other quality professionals — it is equally important to have access to other reputable and respected professionals. We work closely with established specialists in other professional fields in order to provide you with access to a wider range of expertise if required during the house buying process.

Emyr Pierce Solicitors provide a comprehensive range of Conveyancing Services to include, sales, purchases, re-mortgages, deeds of gift, equity releases, transfer of equity and a dedicated auction service.

For an immediate quotation or discuss your concerns with a specialist, please telephone us on 029 20 616002 Monday to Friday 9am to 6pm and on Saturday 10am to 4pm or visit www.emyrpierce.co.uk or email us at law@emyrpierce.co.uk.

Does my friend’s ex-husband have any claim on her property?

My friend’s husband walked out on her several months ago to live with someone else.  Their home is in her sole name as she paid the mortgage, but can he have any claim on the property?  They were married for six years.

Your friend’s husband will have an interest in the property as a result of the property being regarded as joint property of the marriage – regardless of the fact that it previously belonged to the wife. Your friend’s matrimonial lawyer will advise as to what, if any, interest the husband could claim in the property and this will involve a number of criteria such as contributions to the marriage, length of marriage and other personal circumstances – including to what extent the husband was dependent, if at all, on the wife.

This is predominantly a matrimonial issue and will require specialist matrimonial advice which your friend will need to obtain in order to agree a financial settlement with her former husband which will include any interest in the former matrimonial home.

Is the fence mine or my neighbours?

I have just moved into a new property, but how do I know if a fence is mine or the neighbours? I’ve looked among the title deeds and there is nothing obvious marked on any conveyancing plans.

The majority of properties do not actually have the ownership of boundaries designated. It is also a myth, contrary to some belief, that it is not always the left or right hand boundary that belongs to the property. The ownership will usually be shown on the original Conveyance, Lease or Transfer plan by inward ‘T-marks’. These will depend on where the development starts, and the property on the end can often be responsible for all the boundaries. If you back on to nothing then the rear boundary will always be yours.

If a property is split into two, the responsibility for maintaining and repairing the new dividing boundary will usually be allocated to the owner of the property being sold off as this is determined by the person selling off that part. In the event of there being no plan which identifies the ownership of boundaries, as in the majority of cases, then the boundaries separating each property are deemed to be shared or “party” boundaries. Those boundaries which do not adjoin another property (such as the rear boundary backing on to a lane or the front low wall of a terraced property) will always be the responsibility of that property.

Can I choose my own conveyancing solicitor?

I put down a deposit on a brand new property on a housing development and the developers are insisting I use the conveyancing solicitors that they recommend. Surely I can choose my own solicitor?

Sadly, this is commonly the case, as developers inevitably select their “favoured” solicitors for whatever reason. It remains an important principle in the buying and selling process in this country that all purchasers have a free choice of whom they wish to represent them in the important conveyancing process.

You have every right to choose your own solicitor and usually the reasons given for instructing the developer’s choice of solicitor will be somewhat debatable such as “they are familiar with the development and will therefore not raise unnecessary enquiries”, or “they have acted on a number of plots and therefore know the development well and can deal with the matter more quickly than a solicitor who is unfamiliar with the development”.

A buyer must be satisfied that he or she is instructing someone who will act purely in their best interests, promptly and diligently, and has the necessary expertise and experience to understand all types of property development, and the buyers must be sure that their choice of solicitor is going to give them independent advice.

Any specialist property solicitor will have the necessary experience to ensure that your interest will be protected and it is important that the public has a completely free and unfettered choice of legal representation. You are free to instruct anyone you wish to act for you.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

I’m buying a house – but when will it be mine?

I have had an offer accepted on a house that I really want to buy. However, does this mean that it is mine subject to contracts being exchanged, or could another buyer still beat me to it?

Either party can withdraw from a transaction up to the point of formal exchange of contracts. That exchange usually takes place once the buyer is satisfied with the results of searches and survey and that mortgage arrangements are in place.

Proceeding without any of these issues being satisfied represents a substantial risk. The downside to this is that either party can withdraw from the date an offer is made right up to contracts exchange. A buyer is able to withdraw should the result of his enquiries or survey be unsatisfactory or he fails to secure satisfactory mortgage finance, whereas the seller can also withdraw if he receives a higher offer.

This will very often be a question of morals and integrity on the part of the seller. However, in the event of a sale by a Personal Representative, Mortgagee in Possession or Trustees acting on behalf of third party beneficiaries, the seller has an obligation to secure the best possible price and a Buyer’s offer will always be at risk until contracts are exchanged.

• Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk