Common Legal Issues in Property Transactions
Understanding potential complications and how to handle them
Important: While these issues are common, not every property transaction will encounter them. Being aware helps you prepare and respond appropriately if they arise.
Boundary Disputes
Common issues include:
- Fence ownership and maintenance
- Overhanging trees or buildings
- Shared driveways
- Unclear boundary lines
Solution: Check title plans, get surveyor’s report if needed
Access Rights
- Rights of way
- Shared access
- Parking rights
- Services running through property
Solution: Ensure rights are properly documented
Restrictive Covenants
Rules that limit what you can do:
- No business use
- No extensions without permission
- Maintenance obligations
- No caravans or commercial vehicles
Solution: Check if still enforceable, get indemnity insurance
Building Without Permission
- Extensions without planning permission
- Missing building regulations
- Listed building alterations
- Loft conversions
Solution: Regularize or get indemnity insurance
Japanese Knotweed
- Highly invasive plant
- Can damage buildings
- Expensive to remove
- Must be disclosed
Solution: Professional treatment plan, negotiate price
Leasehold Issues
- Short lease (under 80 years)
- High ground rent
- Doubling ground rent clauses
- Expensive service charges
- Major works planned
Solution: Negotiate lease extension, check terms carefully
Chain Complications
- Someone in chain pulls out
- Delays ripple through chain
- Synchronizing completions
Solution: Regular communication, consider breaking chain
Title Defects
- Missing documents
- Unregistered land
- Possessory title only
- Mistakes in registration
Solution: Title insurance, statutory declarations