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Property

Property

A new home is one of life’s most significant purchases, not just in terms of value, but also the potential stress, perhaps because of a difficult vendor, where the purchase depends on an associated sale or the myriad challenges in building a dream home from the ground up. Taking on additional property, be it a holiday home or a landed estate, whether for personal use or investment, is also a significant decision. When making the purchase for the benefit of the next generation, possibly a city flat or an investment property, this only adds to the importance.

Regardless of the type or purpose of a property, the purchase requires strategic and thoughtful legal advice. This starts with the transaction, from knowing exactly what is being bought, through to comprehensive analysis of the legal and practical issues – including everything from heritage property challenges or other planning restrictions, to dealing with tax liabilities, like Capital Gains Tax and Stamp Duty Land Tax. Beyond the transaction, it is essential to make sure the property is properly integrated into a family’s wider estate planning, thinking about appropriate holding structures and long-term protection for the family. From making an offer to putting the key in the door, there is a lot of work to do and our lawyers can help get it right.

Our property lawyers will take care of the property transaction process, whilst working alongside our Private Client team to ensure the purchase integrates into wider estate planning. Every property project is unique and we have specialist lawyers in planning, construction, rural and heritage property to advise on the issues that may arise.

How we can help:

  • Acting in the property or land transaction, from offer to completion
  • Residential property finance advice
  • Assisting with enfranchisement, the process by which a residential leaseholder extends a lease or purchases the freehold
  • Advising on residential development and restructuring, including drafting and negotiating construction and planning documents
  • Property management and alterations of tenancies
  • Specialist advice on purchasing stately homes and country estates, including listed property
  • Cross-border property transactions
  • Advising on how best to hold property, including the establishment of suitable structures
  • Property tax advice, optimising allowances and reliefs and mitigating liabilities as part of an overarching tax plan
  • Tax residence and domicile planning
  • Assisting with property management, development and alterations to tenancies
  • Advising on integration of property into wider estate planning
  • Acting on disputes related to property, including rights of way, service charges, nuisance and noise from neighbours, adverse possession (squatting) and between landlords and tenants
  • Advising on inheritance and trust disputes relating to property

Key experience

Notable family estate

We act for a renowned family estate and have done so for many years dealing with their property holdings in both London and the country. The client operates an Estate Management Scheme and we have managed that on their behalf for many years.

Fearn v Tate Gallery

We successfully acted for the various flat owners living adjacent to the Tate Gallery’s new Blavatnik wing, who were suffering excessive and intrusive nuisance as a result of visitors to the Tate’s new viewing platform overlooking our clients’ flats. The case progressed to the Supreme Court and established important new principles for the law of nuisance, and was widely reported in the mainstream press. Acting on behalf of multiple litigants required a streamlined approach to managing the litigation.

Luxury leaseholds

Our client was the first purchaser of multi-million London apartment within a newly converted building. This was the first review of the developer’s proposed transaction documentation, legal structuring, planning permissions and warranties. Our team dealt with several issues including the review and amendment of the developer’s proposed lease. We also carried out a review of the new build warranty.

As the property was subject to a short-term tenancy agreement of which our client would become the landlord of the tenant on the purchase of the property, we advised on his obligations as a landlord and dealt with the requirements for terminating the tenancy in accordance with its terms. We also liaised with the property agents who managed the tenancy to ensure a seamless transfer in the management of the apartment.

Simultaneous purchases

We advised a client wishing to complete on two concurrent multi-million purchases to supplement their high value investment portfolio.

There were several issues with the title; restrictive covenants, easements and options which needed investigating and resolving in a combination of ways, including indemnity insurance and obtaining the necessary consents from the neighbouring owners. The client also wished to carry out substantial enhancement works to the property after purchase which has required consideration of, and advice on, various planning issues and tax matters.

Prime Central London

We advised a high net worth couple on the purchase of their first property in the UK. This was an off-plan acquisition of a super prime property in Central London, with the transaction highly complex due to a number of reasons.

We carried out the property due diligence which included investigating the planning permission to ensure our clients had a detailed overview of the asset. Our team also negotiated the agreement for lease, which proved to be a lengthy negotiation with the vendors. Construction warranties were initially not offered to our clients but given the value of the property, we refused to accept this, and ensured our client received them. We supported the client with personal tax structuring elements.

Significant estate sale

Our team facilitated the sale of an estate comprising of an historic Benedictine Priory, cottages, lodges and fishing rights, with a variety of residential and commercial licences and a prominent fishing business.

We also advised on the company restructuring which was part of the sale, as three companies, a settlement, and two interposing trusts of land were involved.

Purchase of an historic estate

We led the purchase of a significant historic estate comprising of a Jacobean Mansion House, conference and lecture theatres, a training centre, offices, cottages, lodges, and large residential blocks with a variety of residential and commercial licences in place, situated within 260 acres.

We drew on our expertise in rural property, tax, planning, property litigation and employment to deliver a holistic service. Our team worked with the client to ensure their future aspirations for the estate could be met whilst remaining sympathetic to the history and nuances of an estate of this size.

Strategic sale

We recently advised a long-standing client of the firm in relation to the sale of their family home. Our clients had a specific requirement to sell the property as part of an international relocation strategy. As such they needed high level transactional advice to ensure the sale proceeded smoothly and in line with their wider plans.

The purchase price was paid by way of a deferred consideration, which was secured by a legal charge over the property in favour of our client. To enable this, the team advised on the legal charge aspects and the loan agreement for the deferred consideration. We also advised on the personal tax and structuring aspects.

Meet our team