Property solicitors in England & Wales

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Plain-language guide

What a property solicitor does.

A property solicitor deals with land beyond the standard house move: commercial leases and their renewal under the Landlord and Tenant Act 1954, the sale and purchase of commercial premises, options and overage, easements and rights of way, boundary and adverse possession disputes, restrictive covenants and development agreements. The work rests on the Law of Property Act 1925 and the Land Registration Act 2002, and on reading a title and a lease closely enough to find what others missed.

When you need one

You are taking or granting a commercial lease and want the terms explained before you commit.
A neighbour disputes a boundary, a right of way or a covenant on your land.
You own land that could be developed and need an option, a promotion agreement or planning advice.
You are buying or selling commercial premises, a portfolio or land with a tenant in place.

How fees usually work

Commercial transactions are usually charged by the hour with an estimate, though fixed fees for a lease of a standard shop or office are common. Disputes are charged hourly and can be expensive relative to the land in issue, so ask early about mediation. Disbursements include Land Registry fees, searches and Stamp Duty Land Tax, which the solicitor calculates and files.

Questions to ask before you instruct

Does this lease give me security of tenure, or has it been contracted out of the 1954 Act?
What repairing obligation am I taking on, and should there be a schedule of condition?
Is the boundary shown on the title plan determinative, or only general?
What would it cost to resolve this dispute, and is the land worth it?

See the listed practitioners

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Property solicitor questions

What does 'contracted out' mean in a commercial lease?

Part II of the Landlord and Tenant Act 1954 gives business tenants the right to a new lease at the end of the term unless the landlord proves a statutory ground. Landlords often exclude that right by a statutory warning notice and the tenant's declaration before the lease is granted. A contracted-out tenant must leave when the term ends.

How are boundary disputes decided?

The title plan shows general boundaries only. The court looks at the conveyance that first divided the land, the plan attached to it, physical features on the ground at the time and, sometimes, later conduct. Most disputes are better settled by a boundary agreement or through mediation than litigated.

What is overage?

A right for the seller of land to receive a further payment if the buyer later obtains planning permission or develops the land, secured by a restriction on the title or a charge. The trigger, the percentage and the period must be drafted precisely because overage disputes are common.

For the practitioners listed here

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