Dealing with a property or boundary dispute

Disputes with neighbours have the reputation of escalating and becoming entrenched, with bitter arguments sometimes going on for years. The cause of a dispute can often be quite minor and it is usually worth the effort of resolving it so that both parties can move on.

Main causes of property disputes

There are numerous causes of neighbour disputes, from disagreements over ownership of land to complaints about noise and antisocial behaviour. Two main causes of falling out between neighbours are the issues of boundaries and trees and hedges.

Boundaries

Difficulties are commonplace when it comes to boundaries. Disagreements arise over where they are, who owns the land on which a fence or wall is situated, who should maintain the fence, wall or hedge and the condition of any boundary structure.

Title deeds rarely show boundaries accurately due to their scale. A thick line on a small plan can give two or more metres of discrepancy on the ground.

With no legal certainty contained in Land Registry records, boundary disputes are usually best settled by negotiation.

If you are able to come to an agreement with your neighbour over the issue, it is worth having a detailed plan of the determined boundary drawn up by a chartered surveyor and registering it against both your property and your neighbour’s at the Land Registry.

Trees, hedges and shrubs

Another main cause for disagreement is overhanging or poorly maintained foliage. Large trees may cause damage to your property or block the light.

You are entitled to cut back anything that is growing over your side of the boundary. By rights, anything that you remove should be returned to your neighbour. If possible, try and have a discussion before doing the work. Cutting back a tree and throwing the branches onto the neighbouring land could worsen your relationship.

If a tree is damaging your property, your neighbour will be required to pay the cost of any repairs.

Debris that falls from neighbouring foliage into your garden does not legally constitute a nuisance and so you will need to deal with this yourself.

If your light is being blocked, try and explain to your neighbour how this is affecting you. Invite them to see your property from inside if it is dark so that they can understand the problem. If they are not willing to discuss the situation, you can lodge an official complaint with the local authority. Make sure you tell your neighbours what you propose doing first, to give them a final chance to address the situation.

The rules may seem harsh if you are suffering problems from your neighbour’s trees or hedges and trying to come to some agreement is usually the best option.

Dealing with your neighbours

It is always better to try and reach an amicable solution than to end up fighting a case in court. If you and your neighbours have not been able to agree, then involving a solicitor may help. Negotiating with a legal professional may remove some of the heat from the situation and help those involved see a way through the difficulties.

Overall, try and remain calm and don’t react to a situation without thinking it through. Putting your point of view politely in a letter can be a good way of opening communications.

Mediation can also be a very valuable tool in finding a resolution that is mutually acceptable, particularly when other efforts have failed.

Contact us

At Quinn Legal, we can advise you of your legal situation in respect of a boundary dispute or other property matter so that you know where you stand. We can also enter into negotiations on your behalf to try and resolve a dispute amicably.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

Moving quickly – taking advantage of the buoyant property market on the Isle of Man

Estate agents are reporting brisk activity in the Isle of Man property market, particularly for homes valued at up to £600,000, although the higher end of the market is also starting to pick up as well. Prices are also starting to rise after a period of no increases. The upturn in activity is being experienced island-wide, not just in and around Douglas.

Well-maintained homes, realistically priced, are being snapped up, sometimes within hours of coming to the market. For those wishing to make a successful move, it is essential to find a conveyancer who can act quickly to keep a sale or purchase on track. If an advocate is slow to react, a deal may fall through in a vibrant market, meaning not only the loss of the property, but a financial blow as well in terms of survey costs and search fees.

How to move quickly

As soon as you start thinking about moving, you can start putting the necessary paperwork in place. If you are selling, speak to your conveyancer as soon as you can and they will let you have the necessary property information forms to fill out. They will also be able to get a copy of the title to your property ready so that as soon as you have a buyer, the contract papers can be sent to their advocate.

Similarly, if you are looking to purchase a property, by instructing a conveyancer when you start your search you can pass on their details to the estate as soon as you find the right property to buy. Having a lawyer in place already will also demonstrate to the seller that you are a serious buyer.

How your conveyancer can speed up a transaction

At Quinn Legal we work proactively to complete our clients’ conveyancing transactions in the fastest possible time. Our property team consists of fourteen advocates, solicitors and support staff, the largest and most experienced property department on the island.

As well as having in-depth knowledge of property law, we also understand the local market and have close relationships with the island’s estate agents. We are working extra hard throughout the current Covid-19 disruption to make sure our clients’ sales and purchases go through quickly and without a hitch.

If any part of a conveyancing chain is based in England, speed will be of the essence, as buyers race to complete during the current Stamp Duty holiday there.

As soon as you have a purchase agreed we will contact the sellers’ conveyancers to request contract papers. We’ll apply for the necessary searches straight away and raise enquiries as necessary, to ensure that we obtain the full picture in respect of the title to the property. This will include information about planning permissions, building regulations approvals, rights of way, guarantee documentation for work carried out to the property and other particulars.

We work proactively, pushing for replies where necessary and making sure that we are always moving on to the next stage as quickly as possible.

We will also ensure that we always keep you updated as to progress of the transaction and that we are available to discuss matters with you and answer any questions you may have.

Choosing Quinn Legal

As the property market continues to heat up, with the potential for even more action once UK lockdown restrictions are lifted and buyers from off-island are looking to move, the importance of having a conveyancer who is able to stay on top of a transaction and ensure that a move goes quickly and smoothly is essential.

At Quinn Legal, our advocates work hard on every single sale or purchase to make sure that our clients get the result they want. We understand that often our clients are buying their dream home and we never lose sight of the importance of making sure that the transaction is not only successful but as stress-free as possible.

If you are thinking of buying or selling a property and you would like to speak to one of our expert property lawyers, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

First time buyers property guide to buying in the Isle of Man

The Isle of Man has long been a sought-after place to live, with a great standard of living. Employment rates are high, there is good healthcare and education and the island offers the options of coastal or countryside living as well as the bustling town of Douglas.

The economy is strong, with technology, online gambling, financial services and telecommunications businesses based on the island. The favourable tax regime encourages investment and the workforce is generally skilled.

Isle of Man property buyers do not have to pay Stamp Duty Land Tax, the government property tax payable in the UK. In addition, there is no capital gains tax, wealth tax or death duty payable. Non-residents with the right to be on the island are permitted to buy property there without restriction.

This means that buying on the Isle of Man is a popular option, making the property market strong. First time buyers wishing to find a home on the island are advised to put themselves in as good a position as possible before making an offer.

Have your deposit ready

The amount of deposit you need will depend on your mortgage lender. Some lenders will ask for a higher deposit than others, but usually the minimum needed is 5-10% of the property price.

Arrange your mortgage

Obtaining a mortgage decision in principle before you make an offer on a property puts you in a strong position as it indicates to the seller that you are ready to proceed without delay and that you are a serious buyer.

The mortgage application process can take some time, so it is worth dealing with this as soon as you decide you are ready to start looking for a home.

Other fees

Although no Stamp Duty Land Tax is payable on the Isle of Man, there will be a number of other fees involved in buying a home and you should be aware of these before you make your offer. Your legal adviser will be able to give you a full list of the costs, including search fees and the Land Registry’s charge for registering your ownership.

One of the main expenses will be commissioning a survey to ensure that the property is sound. Once you have had an offer accepted, you can discuss with your surveyor the type of survey that is most appropriate. For example, an older property may need a full structural survey, while a newer home may only require a homebuyer report or condition report.

Research the island

Spend some time looking at the areas that you are interested in living in to make sure that they offer everything you want. Check out commuter times if you are planning on living at a distance from your place of work and look at facilities such as schools and healthcare if they are important to you.

Once you have found a property that you’re interested in, visit the area at different times of day to see how busy it is.

Line up a solicitor

As well as arranging a mortgage decision in principle, you should also line up a solicitor to act on your behalf in the purchase. If you find someone in advance of making an offer, then as soon as your offer is accepted you will be able to give the estate agent the lawyer’s details so that the seller can send the contract documentation and property information to them as soon as it is available.

As with the mortgage, this indicates to the seller that you are a serious buyer, ready to proceed at once. Often this can be very important to a seller who wants to go ahead without delay, to the extent that they may even accept a lower offer from a first time buyer who isn’t part of a chain and who will be able to complete quickly.

In summary

By preparing for the purchase of a house or flat before you start searching you are giving yourself the best possible chance of buying your dream home once you find it. You can also make sure that any hitches are sorted out beforehand, for example, by providing all the documentation a mortgage lender requires.

In a sought-after area such as the Isle of Man, advance preparation is essential to put you in the running in a competitive marketplace.

Get In Touch Today

At Quinn Legal we help our clients from day one.

If you are buying or selling a property and would like to speak to one of our expert property team, please feel free to ring us on 01624 665522 or email us: hello@quinnlegal.im.

Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.

Thanks again for all the help and going above and beyond. It is very much appreciated.

Stamp duty or stealth tax? Steep new land registration fees due to come into force in September

Following approval by Tynwald on 21^st May 2019, the “Land Registration General Fees and Duty Order 2019” and the “Deeds and Probate Registries (Fees and Duty) Order 2019” are set to come into force on 1^st September 2019.

Minster for the Treasury, Alf Cannan has said

“This is a move to an alternative fee structure where the burden sits more equitably on those with higher value properties” and “to help those on low to middle incomes and more proportionately address those on higher incomes. Neither individually nor collectively do these represent an increase to land registry fees.

“This is absolutely not a stamp duty or a stealth tax!”

This will come as a big blow to those looking to purchase a higher value or second property and it is expected that there will be an immediate urgency for anyone purchasing such a property to achieve completion on the transaction and registration with the Land Registry before 1^st September 2019 to prevent a significant increase in the duty payable to the Government.

This will provide some welcome relief for those purchasing lower value properties.

There are however certain requirements in place that in order to gain any benefit, the property you are buying must be your sole property and must be used for residential purposes only. If this criteria is not met, the result will be a significant increase in the duty payable.

The Economic Affairs Division of the Cabinet Office confirm that in 2018 the average property transaction stood at a value of £271,411 with 1,174 residential property transactions recorded.

Based on the new tariff, for example, the duty payable on a property sale for an owner-occupier (subject to this being their only property) for a value of £271,411 after 1^st September 2019 would be £820, a 47% saving from the pre 1^st September 2019 rate of £1,550.40

However, a property sale for the purchaser of a second property for a value of £1,000,000 if registered after 1^st September 2019 would attract duty payable of £15,000, a 163% increase from the pre 1^st September 2019 rate of £5,700.

Subject to the conditions of the purchase being your only residential home, any purchase of over £440,000 will leave the buyer paying higher duty!

In normal circumstances, Quinn Legal advise that an average conveyancing transaction takes between 6 – 8 weeks, subject to any specific complexities and with less than 3 months until the implementation of the Orders time is of the essence for those wishing to purchase a new property!

Quinn Legal have put together an online calculator to assist however if you have any specific queries please do not hesitate to contact our property team where we will be delighted to assist.

Access the calculator here.

Quinn Legal named as official sponsor to Manx Property Circle’s inaugural event

Quinn Legal is pleased to announce that it has been named as the official sponsor of the Manx Property Circle – an event geared towards residential and commercial property players on the Isle of Man. With the event just one month away, attendees can expect a prominent guest speaker and unparalleled industry networking opportunities and a surprise announcement from Quinn Legal.

The Manx Property Circle will be hosting bi-monthly property events to bring together property professionals on the island, including architects, property developers, banks, letting agents and property allied services.

The first event is set to take place on March 21^st at Bar George, Douglas. The event will showcase Carl Hawker, Deputy Chief Executive and Executive Director of Strategy and Policy in the Department for Enterprise as guest speaker. Leading law firm, Quinn Legal, will provide a Q&A session and revealing an exciting surprise industry announcement.

James Quinn, Director at Quinn Legal, expressed his delight at being named sponsor:

“I’m incredibly excited that Quinn Legal is sponsoring the inaugural event of the Manx Property Circle. It has been formed to bring together the wealth of experience on the Island and to enable those involved in all aspects of the property industry to come together to network.

“The Property industry on the Island, whether Residential or Commercial, continues to flourish and I believe that by supporting this local initiative bringing together those involved in the property world can only be a positive thing in helping to support the industry to continue to thrive.”

The Manx Property Circle is free to all attendees and will offer a great opportunity to build professional business relationships and nurtures existing ones.