If you’re moving home or own a specific property portfolio, our property solicitors and conveyancing team are as safe as houses. With FIXED FEES and a NO SALE, NO FEE policy, we provide Conveyancing by Communication.
Property Sales and Purchases
Selling or buying a property and moving home can be an enjoyable and rewarding experience, that is why we are dedicated to making it as stress free as possible. We do that by communicating with you and by making the legalities of the process understandable, informative and cost effective.
Communication is the key to our success and we do that from the moment you instruct us through to completion and beyond.
If you are selling or buying a home privately or through an estate agent, we can offer expert legal advice or any challenge you may face. We also pride ourselves with good relationships with local estate agents, mortgage brokers and businesses involved in property sales and purchases so that there is even less for you to worry about!
Why use BTMK:
– Fixed fee conveyancing – no hidden costs
– No sale – no fee
– Online portal to review your case progress at any time
– Fast, efficient and highly professional conveyancing service
– 2 conveyancing offices within Essex, based in Southend-on-Sea and Leigh-on-Sea
– One client one lawyer
– Competitive fixed conveyancing fees with no sale, no fee.
– Expert legal advice to the buy to let sector
– Leasehold Specialists
– Online Conveyancing case tracking and automatic case updates
– Private Client Service
Remortgages & Transfer of Equity
If you are looking to reduce your monthly mortgage payments and/or raise money for another project, such as an extension you need not look further. The remortgaging of property is often associated with what the legal world refer to as a transfer of equity. This is where the legal ownership of a property changes hands but at least one of the original owners remains on the title. For example, where Mr and Mrs Clark transfer the property to just Mrs Clark. Not only could any one of the members of our team guide you through these processes we have established a specialist and dedicated team, led by Philip Freeman, who deal exclusively with such transactions.
Help-To-Buy & Shared Ownership
The Help To Buy scheme is a government initiative which first began in April 2013 as a way to help people get on the property ladder, being especially useful for first time buyers who otherwise may not have been able to afford to buy a home. The scheme assists people buying a new build property from a registered developer for a purchase of up to £600,000. Although this is a fairly new process, we have ensured that we are just as professional and knowledgeable when it comes to help to buy as we are with all other areas of conveyancing.
When a relationship unfortunately breaks down, the family home is usually at the centre of the discussions around financial settlement. We have much sympathetic experience in advising on such matters. Working hand in hand with our family legal team, our outcome is to provide a swift and cost effective service which will completely satisfy your needs. When the property has been sold and the proceeds divided, transferred to one partner in exchange for a lump sum payment or if an interest is being retained, your adviser will run through all the choices available to you and deal with all of the documentation on everyone’s behalf.
Lease Creation & Variation
Whether you’re an established professional landlord, new to the process or a leaseholder requiring a new lease, extension, enfranchisement, variation or correction our lease expert, Chris Maddison, runs a highly efficient team who will be able to assist you with the ‘lease minefield’. We are able to assist the landlord creating a new lease or the leaseholder who is being granted the new leases, ensuring that all the required matters and issues are protected. Lease extensions are particularly common currently and the demand for the same is ever growing. It is often necessary to begin the statutory procedure to extend an existing lease, based on at least two years of ownership, whilst in practice the majority of lease extensions are established by consent. We provide a fixed fee service for all lease matters, please contact us for a non-obligation quote.
Need help with a Leasehold Enfranchisement? We are the best for assisting with ground rents, service charges and admin charges. Does your property have a short lease? We can help leaseholders who wish to:
- Extend their lease
- Buy out the freeholder
- Replace the managing agents
If the remaining term of your lease is 80 years or less, you will need to consider your options. You can obtain a lease extension, individually or you and your neighbours can buy the freehold collectively.
When buying to let the purchase process is the same as an “ordinary” residential property purchase although there are additional considerations and certain pitfalls to avoid. For example if you are looking to let a leasehold property your solicitor will need to ensure that the lease permits you to let the property and if you are buying with the aid of a mortgage your lender is aware and consents to the transaction. There are also certain tax implications as Income Tax must be paid on the rent, Stamp Duty Land Tax on the completion of the purchase and Capital Gains Tax when you eventually sell. We have links with specialist buy to let brokers and any member of our team will be able to help you with the intricacies of such transactions and to avoid those pitfalls.
Although most firms would include the purchase of a new build property under the general heading “Purchase” we believe that the nuances surrounding new builds justify a specialist department. It is often the case with new builds that Buyers are expected to exchange contracts during the course of construction of the property or indeed “off plan” and within a very tight timeframe and therefore it is imperative that your representative has a detailed knowledge of such contracts and the provisions that should be contained within them. Matthew Clark and his team has such knowledge and experience and by working closely with the help to buy team we can offer any Buyer the service support and communication they require.
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 Reports||Whether 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:
|Negotiation and Compensation||If 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:
|Light Obstruction Notices||A 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:
|Injunctions||Check 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.|
|Insurance||Sometimes, 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.|
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“May I thank you for all your hard work & patience dealing with the sale & purchase of my property. Please pass my thanks on to the rest of the team, they are a credit.“
– Mrs. K, Shoeburyness
“An incredibly professional, reliable, good-natured service during a particularly stressful house-buying process. Importantly, key information was conveyed to me in a comprehensive way, and my hundreds of questions were always answered quickly. I had full confidence throughout and wouldn’t hesitate to recommend Chris Maddison to friends.“
– Mrs. F, Rayleigh
“Thank you all for the hard work involved in my flat purchase, especially to Emily G, who was very professional and thorough. “
– Ms. E, Canewdon
“Marcus Baum have recently helped me with my first property purchase. They have been excellent and made the process very straightforward! I would recommend them to all.“
– Mr. S, Benfleet
“You were very good indeed, I would recommend Marcus Baum. 10 out of 10! “
– Mrs. R, Thundersley
“The services provided by Marcus Baum Solicitors were excellent. Specifically, Chris Maddison & Emily Gowers, who were both impeccable and of a very high professional standard throughout. They were both an invaluable source of knowledge and information, always willing and available to take our calls & emails and provide advice on the best options to take in resolving our issues.“
– Mr. P, Hawkwell
“We have used Marcus Baum for our last 4 house purchases and always receive excellent service.“
– Mr. & Mrs. A, Hockley