In reality, this type of property transaction is usually fairly straightforward, however, there are a number of much more complicated property transactions that we are more likely to encounter as we look to leverage the development potential of our homes, gardens and land. When you do, you might need the help of a lawyer with complex property experience, like Jackie Watts, solicitor at Tallents in Southwell.
I thrive on property transactions that are out of the ordinary. It doesn’t matter how difficult or complicated the property situation appears to be, I relish the challenge placed in front of me.
Jackie is no ordinary property solicitor. Her legal skills lie in solving the type of property issues that often send shudders down the spine of a conveyancing solicitor.
Complicated issues such as: lost or contested title deeds, overage and clawback and adverse possession all regularly fall within her legal expertise.
Because of my extensive complex property experience no two days are the same. I bridge two busy departments at Tallents: Wills, Trust and Probate and Conveyancing. I’m often called in to clarify issues for messy, or lost title deeds, which may be holding up the administration of an estate of a sale.
I regularly deal with cases involving Adverse Possession. This can be especially common on the boundaries of older properties where, over the years, the exact land boundaries have become ‘blurred’ and the title deeds may not offer full clarity on who legally owns what land.
For example, if you can prove that your garden fence has been in its current position for at least 10 years, you have effectively ‘squatted’ on the land and may be able to acquire ownership from your neighbour. Of course, in reality, the process is not actually as simplistic as implied, so the services of a complex property lawyer may be needed to advise on who legally owns what.
As more people see the potential for future development value in land that they may have inherited or own, it’s more and more likely that we’ll need the legal services that Jackie offers. She continues:
Land is often worth much more once planning permission, or change of use has been granted. But the current owner may not have the time, inclination or funds to secure the correct permissions before selling the land to they may have been advised that development is a more long-term prospect. In these cases, it may be possible to impose a covenant known as an overage, or “development clawback” provision, upon sale of the land to allow the client to claim a portion of future development value in the land. It’s a complicated procedure though, so legal advice should be sought to ensure the final outcome is satisfactory for all parties.
These are just some of the property issues that Jackie deals with. In addition to her extensive complex property experience, Jackie is also the only Notary Public in a large geographic area that stretches across Lincolnshire and Nottinghamshire. She is able to act as an impartial and legally trained witness to authenticate and certify the execution of documents required or intended for use outside the UK. It’s an extremely varied role and is carried out in addition to her legal role as a solicitor.