Property

We’re here to add to your investment with swift transactions, sound reports, protecting intellectual property rights and creating robust leases.

Buying & Selling

We have many years experience of buying  and selling freehold and leasehold properties for our clients, both locally and nationwide. 

This includes auction sales and purchases and we work with many local and national commercial property agents to understand particularly complex transactions. 

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

William Todman

Consultant Solicitor
01268 774073
william.todman@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Leigh Scott – Solicitor
01702 238539

Holly Stevens – Paralegal
01702 238512

William Todman – Consultant Solicitor
01268 774073

Right of Light

Planning a new development, for example a housing estate or a block of flats?
Planning an extension to existing property?
Own a property near to other property or land which is being developed? Then you should have heard of rights of light!   

What is a legal Right of Light? 

If a window in your home of commercial premises has existed for more than 19 years and 1 day then you will probably have acquired a “legal right of light” through that window. If your neighbour builds a structure which affects the light through that window, you may be able to either prevent that structure from being built or claim damages from your neighbour for the “injury”.   

If you want to develop your property you will need to investigate whether any neighbouring windows have acquired this legal right of light over your land. 

If legal rights of light exist: 

– If you are developer and your build will affect your neighbour’s light – your neighbour might be entitled to an injunction to prevent you from building; or
– you may have to pay them compensation for their loss of light. 

If a nearby development affects the light to your property – you may be entitled to either prevent the build or receive compensation in return for the injury to your light.  

Many people assume that a surveyor is the first step in a right of light matter. Did you know that often, there is no need to incur surveyors fees because some buildings do not have the benefit of legal rights of light? If you are planning a development or your light is adversely affected by a nearby building call us or have a look below to see how our specialist right of light lawyers can achieve the right result for you. 

Rights of Light ReportsWhether you are developing land or are affected by a development, you need to know the position with regard to legal rights of light. Where legal rights of light do not exist between buildings or land, there is often no need to incur surveyors fees.

By considering Land Registry and other documents (or deeds where land is unregistered) we will provide:

  • An overview and explanation of Legal rights of light;
  • An opinion on whether legal rights of light exist between your property and neighbouring property.
  • Advice as to “next steps” tailored to your individual requirements.
  • A full service to completion of any of the steps we have advised upon, should you decide to proceed.
Negotiation and CompensationIf legal rights of light exist between neighbouring properties, and building on one would injure the other’s light, the parties can agree a settlement.   

We are often able to achieve  modification of the development to negate or reduce light injury (”cut back schemes”).

We also provide advice on compensation payments.  

“Deeds of Release”Where legal rights of light exist between neighbouring land, and those rights have been or will be injured by a development the parties can enter into a “Deed of Release of Rights of Light”; to give one or both parties the right to build despite the injury to legal rights of light. This “Release” invariably goes hand in hand with a compensation payment.

We have vast experience of both drafting and reviewing Deeds of Release of Rights of Light; and will guide you through the process.  

Our advice includes:

  • Release (and extinguishment) of legal rights of Light  
  • Profile or Full Releases  
  • Maximum Tolerance provisions  
  • Land Registry formalities to protect subsequent buyers of the land  
  • Compensation Damages…….  
  • Confidentiality  
  • Costs  
Light Obstruction NoticesA Light Obstruction Notice (LON) can be used to prevent somebody’s land from acquiring a legal right of light over yours. They are mostly used where you are worried that your build will injure neighbouring windows, but those windows are less than 19 year and 1 day old.   

The process involves an application to the Upper Tribunal (Lands Chamber).  

We are experts in the process. Our service includes: 

  • The preparation of legal forms to support the application to the Upper Tribunal (Lands Chamber). (Regular and Exceptional Urgency cases.)  
  • Arranging for the service of legal documents on potentially affected parties  
  • Corresponding with the affected parties or their solicitors on your behalf.  
  • Corresponding with the Upper Tribunal (Lands Chamber) to obtain definitive Certificates under section 2 of the Rights of Light Act 1959  
  • Protection of the Certificate by registration as a Local Land Charge at the relevant Local Authority  
InjunctionsCheck with APF: Our team includes litigation lawyers to assist developers threatened with injunctive proceedings to halt their development. Affected owners who want to prevent a development or seek damages for the loss of light into their property.  
InsuranceSometimes, the least risky, most cost effective path is indemnity insurance. A typical policy will protect developers against the risk of adverse claims by affected parties. We are able to recommend a number of insurers who specialise in right of light insurance.  

 

 

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Leigh Scott – Solicitor
01702 238539

Holly Stevens – Paralegal
01702 238512

Leases

Our dedicated property lawyers are experts in drafting and reviewing leases:

 

  • Deeds of Variation (where the terms of the lease need to be changed) 
  • Licences for Alterations (where the landlord’s approval is required for works) 
  • Licences to Assign (where the Tenant wants to sell the lease but the Landlord must approve) 
  • Rent Deposit Deeds (where the Landlord requires additional monetary security from the Tenant) 

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

William Todman

Consultant Solicitor
01268 774073
william.todman@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Leigh Scott – Solicitor
01702 238539

Holly Stevens – Paralegal
01702 238512

William Todman – Consultant Solicitor
01268 774073

Development

We act for Developers and Landowners with potential development sites. Our service includes:

 

  • Confidentiality Agreements 
  • Option Agreements – Where the Developer takes an option in relation to the Land – often excisable only after Planning Permission has been granted 
  • Pre-emption Agreements – Where a Developer agrees to promote a site 
  • Overage Agreements – Where a Landowner sells land but has a right to receive part of any development profit in the future 

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

William Todman

Consultant Solicitor
01268 774073
william.todman@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Leigh Scott – Solicitor
01702 238539

Holly Stevens – Paralegal
01702 238512

William Todman – Consultant Solicitor
01268 774073

Refinancing

We offer specialist advice in relation to all property financing requirements.  We have a specialist team to guide you through the initial stages through to securing the loan and complying with the lender’s requirements and security documentation.  We deal with all of the following types of property and other refinancing to help you to grown your business, property portfolio or to meet your changing needs:

  • Property finance
  • Services to borrowers, including family owned and operated businesses;
  • Specialist services to care home and healthcare providers;
  • Acquisition and project finance;
  • Secured and unsecured finance;
  • Resolution of difficult property title issues;

We’ve worked on high value financing and refinancing scenarios for some of the county’s largest businesses, knowing the requirements of all major finance houses and working closely with those lenders for the benefit of our clients.  We are trusted by local lenders and finance professionals including the region’s largest accountants to refer their clients to BTMK to ensure the safe handling and successful track record in securing financing in complex and specialist transactions.

We have particular expertise in the refinancing requirements of all major healthcare sectors, including GP practices, dental practices, care homes and private hospitals.  We also act regularly for the proprietors of large industrial parks across Essex and residential property portfolio holders.

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

William Todman

Consultant Solicitor
01268 774073
william.todman@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Holly Stevens – Paralegal
01702 238512

William Todman – Consultant Solicitor
01268 774073

Specialist Areas

Demolition Sector

BTMK are extremely proud to be the official solicitors for the National Federation of Demolition Contractors (“NFDC”.  We advise the Federation in relation to its own legal matters including corporate governance and ensuring that the Federation is meeting the needs of its members nationwide.  Through our relationship with the NFDC, we also provide specialist advice to many NFDC Members or Associate Members in all of the following areas:

Legal Services to keep demolition contracts on schedule:

  • Having practical and experienced advice from lawyers used to working with the demolition sector is vital for anyone working in the demolition industry.  We can help main contractors, sub-contractors, investors and professionals working on a particular contract. We provide legal services from the point of inception, when a contract is in its infancy, all the way through to payment and recovery of any retention money and everything in between.  We can help with interim disputes and if the worst comes to the worst, any contract that ends in litigation.
  • We’re specialists in the field of demolition.  We understand the contracts and the project documents and if we’ve drafted the documentation, we’ll always ensure you’re well protected. If we’ve not drafted the documentation and the contract is disputed, we’ll fight your corner and ensure that you come out on top.
  • We can provide a health-check for demolition contracts – let us have a look at them before you sign;
  • We can provide with specialist employment law related issues, to ensure that you’re protected from unnecessary and time-consuming claims. We can help to clear up any grey areas in case someone tries to claim they’re an employee and you think otherwise.
  • We provide services in relation to your demolition contract within our litigation and construction law practice.   We can advise quickly and pro-actively to manage any problems that you may face, using ADR methods such as adjudication to keep your contract on track and with the minimum of delay, to avoid any exposure you may have in relation to late delivery.
  • Debt Recovery. The demolition industry is well-known for bad debt and an inability to recover your contractually agreed price from a main contractor. We’ll ensure that you’re not taken advantage of, that you receive your money as early as possible, when the contract should be well-funded and other payments have not been committed

Care Homes & Healthcare

We’ve got years of expertise in handling the legal affairs for care home owners and their senior management teams. We’ve acted for sellers and buyers of Care Home businesses throughout Essex for many years. We’ve also looked after the interests of the County’s largest pharmaceutical businesses, handled the sales and purchases of GP Practices, Dental Practices and Veterinary Practices. It’s vital if you’re practising in the field of healthcare that you obtain specialist advice when dealing with even routine matters such as property or leases as these can have an impact on the residual value of your business and can affect future options.

We can provide expertise and advice in all of the following areas:

  • Employment and HR Law – ensuring that the decisions you want to make are lawful and protecting you and your business in the event of a sale or acquisition;
  • Re-financing your premises – (hyperlink to refinancing section within commercial>property)
  • Dispute Resolution and Regulatory matters – if you’re facing a CQS visit or sanctions or if you’re facing a personal regulatory issue, we’ve got the experience and work with specialist advocates to ensure you’re protected as best as can be;
  • Sales, Purchases and Management buy-outs
  • Property issues, acquiring more land or property, selling off parts of your title
  • Dealing with the NHS Authorities
  • Protecting you against personal injury and clinical negligence claims
  • Giving advice in the event of a crisis – sometimes things go wrong – you need advice as to how to protect your business and limit damage
  • Expanding your business; acquiring more sites or acquiring target practices to strategically grow

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

William Todman

Consultant Solicitor
01268 774073
william.todman@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Leigh Scott – Solicitor
01702 238539

Holly Stevens – Paralegal
01702 238512

William Todman – Consultant Solicitor
01268 774073

COMMERCIAL POWER OF ATTORNEY

Perhaps you haven’t thought about what would happen if you were incapacitated or unable to run your business. Or if you’ve had to go abroad on urgent business. We work with our Wills, Probate & Inheritance Team to prepare robust commercial lasting powers of attorneys to ensure that your business doesn’t stop just because you’re not physically there.  It may seem as though someone could “step in” and run the business, or sign important documents but that’s not automatically the case, particularly in the case of sole trader businesses or partnerships.

If the documents are drafted correctly, then they can cover some of the following:

  • Buy, sell or transfer property
  • Organise property insurance and deal with other financial matters
  • Access your bank statements
  • Open and close bank accounts
  • Make investments
  • Deal with the tax affairs of the business

Contact us if this is something you want to consider.  The reality is that by the time most people are forced to think about this important document, it’s too late.

Ian Powell

Director, Head of Department
01702 238511
ian.powell@btmk.co.uk

Sean Callaghan

Senior Solicitor
01702 238510
sean.callaghan@btmk.co.uk

Lee Emptage

Director, Head of Department
01702 238520
lee.emptage@btmk.co.uk

Rachel Ellison

Chartered Legal Executive
01702 238553
rachel.ellison@btmk.co.uk

Holly Stevens

Paralegal
01702 238512
holly.stevens@btmk.co.uk

William Todman

Consultant Solicitor
01268 774073
william.todman@btmk.co.uk

Ian Powell – Director, Head of Department
01702 238511

Sean Callaghan – Senior Solicitor
01702 238510

Lee Emptage – Director, Head of Department
01702 238520

Beau Borg – Solicitor
01702 238576

Rachel Ellison – Chartered Legal Executive
01702 238553

Leigh Scott – Solicitor
01702 238539

Holly Stevens – Paralegal
01702 238512

William Todman – Consultant Solicitor
01268 774073

Book a FREE Consultation

Ian, I must tell you how pleased we are with you and your staff. Please thank them on my behalf. Warmest Regards.

– Mr. F, Southend

We have sought Ian’s advice over a number of years on our commercial property portfolio. We have been impressed by his ability to understand our aims and how to deliver those goals efficiently through his legal work. He is very knowledgeable and gives clear sensible practical solutions.

– Local Business, Southend

A good honest service – you are different to most!

– Mr. B, Rayleigh

Efficient and did what they said.

– Ms. B, Shoeburyness

The advice & Information was clear & precise.

– Mr. O, Southend

Good service at an affordable price.

– Mr. M, Westciff

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