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.
Right of Light
Are you planning a new development, for example a housing estate or a block of flats? Or perhaps an extension to existing property? Do you own a property near to other property or land which is being developed? Then you should be aware of ‘rights of light’
What is a legal Right of Light? If a window in your home or 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:
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.
We work closely with specialist Right of Light Surveyors, who will work with us to achieve the right outcome for you. That could be an appraisal of any financial exposure you may have or the likelihood of you obtaining damages.
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)
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
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.
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
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.
Call for a FREE chat
“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