The Property Boundaries (Resolution of Disputes) Bill had its first reading in the House of Lords on 13th July 2017 following an earlier attempt to introduce legislation in 2012. This stage is a formality that signals the start of the Bill's journey through the Lords. The Bill will receive a second reading (the general debate on all aspects of the Bill ) at a later unspecified date.

This Bill is to make provision for the resolution of disputes concerning the location or placement of boundaries and private rights of way relating to the title of an estate in land; and for connected purposes.
This Bill includes:

• Proposals aimed at providing an alternative to the Court and Tribunal determination of boundary disputes and rights of way;
• Introducing the expert determination of boundary and rights of way disputes by qualified surveyors;
• Discussion on issues including the costs of conventional litigation and the adversarial nature of disputes;
• An aim to take the dispute out of the hands of the neighbours and to be dealt with instead by appointed surveyors – these may be appointed jointly.

An overview of the Proposed Procedure:

• Where a land owner wishes to establish the position of a boundary or private right of way, a written notice, accompanied by a plan, is to be served on the adjoining owner of the land or user of a private right of way establishing the proposed line of boundary or the private right of way. However, the adequacy of the plan, its scale and dimensions are not yet stipulated.
• The land owner will need to provide the neighbour with 14 days within which to agree to the boundary.
• If the adjoining owner does not consent to the line of the boundary contained in the notice or the right of way a dispute is deemed to have arisen.
• Where a dispute arises, the Bill provides for the dispute to be resolved by a single surveyor who is agreed to by both parties or by three surveyors consisting of one appointed by each party and a third selected by the appointed surveyors.
• If reasonable access is denied to allow the surveyor entry onto the land, then an offence may be committed.
• The surveyor would then determine the dispute and set out his decision in an award, which would also provide who should pay the costs of the dispute. There is no indication or guidance on the fee structure yet.
• The surveyor’s findings would be conclusive, and could only be challenged if an appeal was made within 28 days to the High Court of England and Wales.
• The decision of the surveyor is conclusive, unless and application is made to the High Court within the 28-day period. After this time, the surveyor will submit details of its award to the Land Registry.

 
This Bill’s procedure, whilst in theory could be quicker and cheaper than the current route to boundary dispute resolution, will rely on the expertise of surveyors and their ability to comprehend fully the legal implications of the historic conveyances and property documents. Often these documents have a significant bearing in establishing the line of the boundary and title to land.
 
The Bill has not yet passed through the Lords (which will need to be followed by approval in the Commons) and therefore has a long way to go before becoming law.
 
Written by our Conveyancing Team.

For further information and to discuss your specific circumstances with our conveyancing team, please contact us on 0208 574 2488 to book an initial no obligation free consultation.

Japanese knotweed is one of the world’s worst invasive species and strong growth can damage building, concrete foundations, roads, paving, flood defences and retaining walls.
 
In a landmark court case, a property owner who allowed Japanese knotweed to spread across her property to the extent that it put the value of an adjoining property at risk, was ordered by the County Court in Truro to employ Cornwall Council’s contractor, Cormac Solutions Limited, to implement a programme of remediation that may take 5 years.
 
The property owner was also required to pay substantial but undisclosed court costs. The case, which bears resemblance to a similar case against Network Rail in Wales, may set a precedent for those people who have knotweed on their land and allow it to spread to the extent that it puts adjoining property values at risk.
 
It is important to know the implications of having Japanese knotweed on your land and allowing it to spread to the extent that it puts adjoining property values at risk.

Written by our Conveyancing Team.

 
For further information and to discuss your specific circumstances with our conveyancing team, please contact us on 0208 574 2488 to book an initial no obligation free consultation.

You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England, Wales and Northern Ireland.
The current SDLT threshold is £125,000 for residential properties and £150,000 for non-residential land and properties.

How much SDLT will I need to pay?
How much you pay depends on whether the land or property is:

• residential (and whether you’re a first-time buyer)
• non-residential or mixed-use

 
Leasehold Sales and Transfers
 
When you buy a new residential leasehold property you pay SDLT on the purchase price of the lease (the ‘lease premium’) using the rates above.
 
If the total rent over the life of the lease (known as the ‘net present value’) is more than £125,000, you also pay SDLT of 1% on the portion over £125,000 – unless you buy an existing (‘assigned’) lease.

How much SDLT do I need to pay if I am a First-Time Buyer?
There are different rules if you’re buying your first home. You get a discount (relief) that means you pay less or possibly no tax if:

• you complete your purchase on or after 22 November 2017,
• the purchase price is £500,000 or less, and
• you, and anyone else you’re buying with, are first-time buyers

 
You have to pay Stamp Duty Land Tax when you:

• buy a freehold property,
• buy a new or existing leasehold,
• buy a property through a shared ownership scheme, or
• are transferred land or property in exchange for payment, e.g. you take on a mortgage or buy a share in a house

 
What are the higher rates if I own additional properties?
You’ll usually have to pay 3% on top of the normal SDLT rates if you are buying a new residential property which results in you owning more than one property.

You won’t pay the extra 3% SDLT if the property you’re buying is replacing your main residence and that has already been sold.

If there’s a delay selling your main residence and it hasn’t been sold on the day you complete your new purchase:

• you’ll have to pay higher rates because you own 2 properties
• you may be able to get a refund if you sell your previous main home within 36 months

 
Please note that there are special rules if you own property with someone else or already own a property outside England, Wales and Northern Ireland.
 
Ownership of Property
 
> Spouses and civil partners
You may be viewed as the owner of a property if it is owned by your spouse or civil partner in the UK or anywhere else in the world.

This means if one of you already owns a property and the other person purchases another property, the purchase will be charged at the higher rates.
Spouses or civil partners that are permanently separated won’t be treated in this way.

> Trusts
You’ll be treated as owning a property if you receive all the income from it and the proceeds from its sale even if you’re not the legal owner.

The beneficiary of a bare trust will be treated as the purchaser of a property.
The beneficiary will also be treated as the purchaser if the trust holds property and the beneficiary is entitled to:

• occupy the property for life, or
• receive income from the property

When the beneficiary is under 18, the child’s parents are treated as the beneficiary.

> Companies and partnerships
Companies have to pay the higher rates when they buy any residential properties that are over £40,000 and aren’t subject to a lease of more than 21 years.

You’ll have to pay the higher rates if your partnership already owns a residential property and you purchase another residential property for your partnership.

You won’t have to pay the higher rates if you buy a property for yourself and your only additional properties are used for your partnership’s trade.

Where a trustee buys a property but a beneficiary doesn’t receive any benefits from that property, the purchase is treated as if it were made by a company rather than an individual.

> Inherited properties
If you inherit half or less of the major interest in a property in the 3 years before you make a purchase, and you don’t already have an additional residential property, you won’t pay the higher rates on that purchase.

How do I pay SDLT and when do I pay it?
You must send an SDLT return to HMRC and pay the tax within 30 days of completion of your transaction.
If you have a solicitor, agent or conveyancer, they will usually file your return and pay the tax on your behalf on the day of completion and add the amount to their fees. They will also claim any relief that you are eligible for, such as if your are a first-time buyer.

Is there a possibility of suffering penalties and interest?
You may be charged penalties and interest if you do not file your return and make your payment within 30 days of completion. There are differently penalty rules depending on when the SDLT return was due to be filed.
 
*For further information and to discuss your specific circumstances with our conveyancing team, please contact us on 0208 574 2488 to book an initial no obligation free consultation.  

Written by our Conveyancing Team.

Normally, in a long term marriage, you would expect to obtain a 50/50 split in the marital estate. However, as in the case of Aly v Aly the Wife received 100% of the marital Estate. How?

Both were doctors and the Husband had failed to pay Child Maintenance and had left the United Kingdom to live and reside in Bahrain, which is outside the reach of the Child Maintenance Service. He had not paid a penny towards them for 4 years or his former wife and nor was he likely to in either case. The Husband had started a relationship with another woman and subsequently married her in an Islamic ceremony before leaving for Bahrain, and had washed his hands of his former wife and children. This was the reason the Judge awarded them 100% of the entire estate.

If you are in a similar situation or would like to know more, please do not hesitate to contact us for an initial free appointment to discuss your case.

Author : Mitra Nath ASSISTANT SOLICITOR