What Legal Preparations Should You Make When Thinking of Selling Property or Land?

When it comes to selling property or land, it’s worth getting your lawyer involved earlier than you might think —perhaps even before you go to market. Early legal engagement can help to uncover and then address any potential issues, avoid delays, and ultimately streamline the sales process.

This can be especially important for older properties and for land or property linked to agricultural use, where perhaps unanticipated complications can arise. Identifying and addressing these issues before the sale begins can help ensure your land or property is marketed at an appropriate price and minimises the risk of last-minute re-negotiations that can cause delays.

An issue that can arise, particularly where land and property is held over a long period of time within a family, is that legal ownership has not been formally registered with the Land Registry; an application for registration can be made but registration cannot always be achieved in tight timescales. Unregistered land can be sold, but the conveyancing process may take longer and cost more. In other cases, the general understanding within a family as to ‘whose land is whose’ may not align with the legal reality and sometimes different parcels of land or properties are owned by different family members, family partnerships, or may be held within an incorporated business. This can complicate and hold up a sale unless sorted out prior to going to market.

Property and land in rural settings and the historic core of towns and cities in our region can sometimes have legal complications in the form of unusual access rights for you or for adjoining neighbours, easements for powerlines and other utilities, and rights of way. It's vital to ensure that existing official documents accurately represent the current situation on the ground.

We would advise that you make some preparations before placing your land or property on the market, such as digging out all relevant title deeds, planning documents, and any warranties or guarantees related to your land or property. Having these documents readily available can significantly expedite the conveyancing process.

It’s also important to choose a local solicitor or licensed conveyancer who specialises in property transactions which are like your property or land. Their expertise can help navigate any complexities that may arise and ensure a smoother sales process.

It's frustrating to receive an offer only to face unexpected delays that could have been resolved earlier. Ultimately, being proactive about legal preparations can save you time and stress down the line.