Tag: conveyancing

Is Bamboo the Next Japanese Knotweed? A Comprehensive Guide for Homeowners

March 27, 2024, By
a wall of green bamboo

In recent years, British gardens have seen a significant rise in the popularity of bamboo. Valued for its tall, leafy presence that provides quick and effective privacy screening, bamboo is a choice many are making to enhance their outdoor spaces. However, beneath its serene appearance lies a potential threat that could undermine the structural integrity of homes and complicate property transactions. This issue has led to comparisons with the infamous Japanese Knotweed, notorious for its ability to disrupt property sales and cause extensive property damage.

What issues can bamboo cause?

Bamboo, characterised by its fast growth and low maintenance, is the fastest-growing family of plants in the world. Certain species can shoot up over 91 centimetres (about three feet) in just one day under optimal conditions. This remarkable growth rate, while beneficial for quick landscaping results, poses significant risks when not carefully managed.

The problem primarily arises with “running” bamboo species, which spread aggressively through their underground rhizomes, root-like structures that can sprout into new shoots. These roots can extend far beyond the initial planting area, invading neighbouring properties and damaging infrastructure. Garden features such as drainpipes, patios, and decking are particularly vulnerable. Bamboo can even penetrate cracks in concrete and mortar, causing substantial damage that is costly and challenging to repair.

Bamboo and Property Sales: A Growing Concern

Awareness among potential homebuyers and real estate professionals about bamboo’s risks is increasing, requests for bamboo removal services are on the rise and news stories of its destructive tendencies are spreading. Like Japanese Knotweed, bamboo can lead to serious structural issues and disputes between neighbours. Its presence on a property can be a red flag to prospective buyers, who may demand that bamboo infestations be addressed before completing a purchase. Some buyers may even request a reduction in the property’s sale price to cover the costs of bamboo removal.

The comparison to Japanese Knotweed is not unfounded. Both plants are capable of causing significant damage to property and are expensive to eradicate if not managed early on. However, there are crucial differences in how they are treated legally and within the real estate market.

Legal Aspects and Disclosure

Currently, UK law does not impose restrictions on planting bamboo in gardens, nor does it require homeowners to disclose its presence during a house sale. This contrasts with the regulations surrounding Japanese Knotweed, which is subject to specific legal obligations due to its invasive nature and the significant damage it can cause.

Nevertheless, the presence of uncontrolled bamboo is likely to be reported by home surveyors to potential buyers, especially if it is encroaching on neighbouring properties or appears likely to cause damage. This can affect the desirability of a property and its market value.

The Importance of Professional Conveyancing Services

Given the potential complications arising from bamboo on properties, it’s crucial for sellers and buyers alike to engage with knowledgeable legal professionals. Conveyancing services, like those provided by our law firm, play an essential role in navigating the complexities of property transactions where bamboo is present.

Our team of experienced conveyancing solicitors can advise on the best course of action for dealing with bamboo on your property, whether you’re selling or buying. We understand the importance of thorough property surveys and can guide our clients on addressing any issues that may arise from bamboo infestation. Our goal is to ensure that both buyers and sellers are fully informed and that any potential impact on property transactions is minimised.

Practical Advice for Homeowners

If you’re dealing with bamboo on your property or considering planting it, here are some practical steps to mitigate the risks:

  • Choose Clumping Varieties: Opt for “clumping” bamboo species rather than “running” types. Clumping varieties are less invasive and easier to control.
  • Implement Barriers: If planting running bamboo, install root barriers that extend at least 60cm (2 feet) into the ground to prevent the spread of rhizomes. Alternatively, plant the bamboo in an isolated pot to keep it contained.
  • Regular Maintenance: Keep bamboo well-maintained and regularly trim any shoots that spread beyond the desired area.
  • Professional Removal: If bamboo has become unmanageable, consider hiring professionals who specialise in its removal. They can ensure that the bamboo is eradicated effectively, preventing further spread.

Conclusion

Is bamboo the next Japanese Knotweed? Well, as bamboo becomes more common in UK gardens, both sellers and buyers must be aware of the potential issues it can cause. While not currently regulated to the extent of Japanese Knotweed, bamboo’s capacity for damage and the complications it can introduce into property transactions are significant. By choosing the right species, implementing preventative measures, and engaging professional legal and landscaping advice, homeowners can enjoy the benefits of bamboo without falling into the pitfalls it presents.

At Slater Heelis, we’re committed to providing our clients with expert conveyancing services that address all aspects of property transactions, including those concerning bamboo. With our guidance, you can navigate these challenges successfully, ensuring smooth and secure property deals.

If you would like to speak to one of our conveyancing experts, or need advice on a neighbour dispute, fill out our online contact form or call us on 0330 111 3131.

Navigating the Home-Buying Journey: The 7 Key Stages

April 11, 2023, By Slater Heelis
front of a London town house

You may be about to embark on the thrilling journey of purchasing your dream home, and while we understand that it can be a confusing and daunting process, especially if you’re a first-time buyer, but fear not!

At Slater Heelis, we’re not just legal experts in the property market – we’re also your trusted partners who genuinely care about making this experience as stress-free and enjoyable as possible for you.

Our team of experts have been guiding clients through the ins and outs of the UK property market for years, helping them buy and sell their homes with confidence. Here are eight ways our team will support you in your home-buying adventure:

Conveyancing

Conveyancing is a crucial part of the home-buying process, and our team at Slater Heelis has extensive experience to ensure that it goes smoothly. At Slater Heelis, we help you to make sure all legal requirements are met and that you are protected throughout the transaction.

This includes but is not limited to:

(I) Drafting and reviewing contracts: We will prepare the necessary legal documents, including the contract for sale, and ensure that all terms and conditions are clear and fair for both parties.

(ii) Communication and negotiation: Our solicitors will maintain clear and open communication between all parties involved in the transaction, including the buyer, seller, mortgage lenders, and estate agents. We will negotiate on your behalf to ensure you get the best possible outcome

(iii) Managing funds: We will oversee the financial aspects of the transaction, including managing the transfer of the deposit and purchase funds, as well as ensuring that all necessary fees are paid.

Property Investigation: When investing in a property, it is crucial to know exactly what you are getting. Our team will conduct a thorough investigation, including reviewing the title deeds advising you of the covenants affecting the property (things you can and cannot do) as well as providing information about rights of way. We also carry out searches which will reveal issues such as, is the property a listed building, is there a tree protection order in place, or if there are highways or planning decisions that could affect the property.
We can then report back any issues or causes for concern, so you can make an informed decision.

Stamp Duty: Stamp Duty Land Tax is a levy paid when you buy houses, flats or other land and properties above a certain price. Our solicitors will help you determine the tax rate based on several factors, such as (for example) whether you are a first-time buyer, in which case the rate is reduced.

Exchange of Contracts: We will negotiate contract terms and clarify their implications on your behalf, ensuring you fully understand the fine print before proceeding with the transaction. You will not be caught off guard by any unexpected surprises.

Completion: When the transaction is complete and the agreed value is transferred to the seller, you will hear from us. It is time to celebrate! Collect your keys from the estate agent and step into your new home.

Property Ownership: Our team will search the Land Registry to determine if the property you are purchasing is freehold or leasehold and explain any obligations that come with owning the property.

Mortgage: Navigating the complex world of mortgages can be challenging. Our lawyers can digest and report on your mortgage offer, so you know exactly where you stand with your home and lender.

Get started

Ready to start your home-buying journey? Give our conveyancers a call on 0161 969 3131, or fill out our contact form, and one of our friendly team members will be in touch as soon as possible.

 

Japanese Knotweed: The hidden menace that could scupper stamp duty holiday deals

May 12, 2021, By
japanese knotweed

Industry experts have come together to warn the property industry of a hidden menace that could jeopardise property transactions ahead of the June stamp duty holiday deadline: Japanese knotweed.

The invasive plant threatens millions of pounds worth of property transactions every year, and with the property market under strain to close deals ahead of the stamp duty holiday, warnings are being issued to home buyers and property professionals.

What is Japanese Knotweed?

Japanese knotweed, an aggressive plant brought to England in the Victorian era, grows rapidly and has the potential to destroy man-made and natural structures in its path. It is able to grow through cracks in concrete and undermine the structural integrity of buildings and homes, and is estimated to be present in every 10km2 of the British Isles.

The plant lies dormant in winter but it is in spring when the first signs of Japanese knotweed growth appears – worryingly close to the June deadline for completion. The plant’s distinctive red and purple shoots are often accompanied by rolled back leaves that grow rapidly from the stored nutrients in the rhizome.

Lenders’ Attitudes to Japanese Knotweed

A 2020 KnowledgeBank study on lenders’ attitudes to Japanese knotweed prepared for a Defra report revealed that only 3% of lenders were willing to provide a mortgage on residential properties with Japanese knotweed present.

A further 38% were willing to lend subject to certain conditions, while 39% declared knotweed unacceptable and were unwilling to lend if Japanese knotweed was present.

A Legal Perspective

Partner and Head of Residential Property here at Slater Heelis, Zara Banday, outlined the legal position:

“The responsibility lies with the sellers to complete a Property Information Form (TA6). Failure to report it or deliberately conceal Japanese knotweed could lead to sellers being sued for misrepresentation and liable for compensation.  

The danger is that in a bid to secure a property ahead of the stamp duty holiday deadline, buyers don’t carry out the proper due diligence. Overlooking issues like knotweed could lead to delays, deals falling through or huge costs further down the line.

I recently dealt with a client who had a mortgage offer withdrawn after knotweed was discovered by her surveyor on the boundary of a disused farm bordering the property. It was her dream home and having already spent over a thousand pounds in fees, she pushed ahead with the sale. A remediation firm with an insurance-backed guarantee had to be appointed to enable her to secure a mortgage and purchase the house.

The discovery put the whole purchase in jeopardy and delayed the transaction by weeks.

My advice would be to view a property a number of times, check the boundary plan carefully, and liaise very closely with your surveyors so that issues like knotweed are spotted at the earliest opportunity. Ultimately, buyers need to be much more prudent on what is likely to be the biggest purchase of their life.” 

 

David Layland, founding member of the Invasive Non-Native Species Association and joint MD of Japanese Knotweed Control – one of the UK’s first specialist remediation companies – said,

“If knotweed is present on the land, it does not necessarily have to affect a sale. Having a proper remediation strategy in place with robust warranties and insurance can help demonstrate to solicitors, conveyancers and mortgage lenders that the knotweed issue is under control.”

 

Chris Ridehalgh, director at Organic Money, outlined the view from an insurance perspective,

“We would always recommend carrying out a comprehensive inspection of the property before purchase. Presence of Japanese knotweed should not lead to a home insurance refusal.

Most insurance policies will not cover you for the treatment of knotweed; however, subsidence or damage caused to the property could be covered. Homeowners should be aware that failure to deal with Japanese knotweed could void any claims for building damage as well as leaving them exposed to a liability claim from a neighbouring property.”

 

Contact an Expert

If your property survey has identified Japanese knotweed and you are worried about what lies ahead, please don’t hesitate to reach out. Remember, there are provisions that can be made, so you don’t have to lose out on your dream house. You simply have to negotiate a solution, and we can help with that.

Our conveyancing team can support you in finding a solution, and if you require specialist guidance from one of our connections, we will put you in touch.

 

First-Time Buyers: A Jargon Buster

January 27, 2021, By Slater Heelis
first-time-buyer-jargon-buster.

When looking into the world of property for the first time, an overload of new terminology can be daunting for first-time buyers. As you go through the process, new terms will become second nature, but to set you off on the right foot, we have collated some of the most common property jargon into this handy guide.

Whether you are in the early stages of seeing how much you could borrow or are looking to put an offer in, it helps to know exactly what people are talking about. Of course, don’t be afraid to ask for clarification from your lender, conveyancer, or estate agent if you aren’t sure. Buying your first home is exciting, but can be a little overwhelming at times. We hope that our jargon buster for first-time buyers will help to give you a base understanding of what’s to come!

The terms are listed in alphabetical order.

Agreement in Principle: An indication from your bank or lender of how much you may be able to borrow for your mortgage by calculating your income and regular spending in conjunction with your deposit amount. This doesn’t affect your credit score. It does not mean you are committed to anything. Equally, it is not a complete guarantee that the lender will lend to you.

Chain / No Chain: A property chain is where buyers and sellers of properties rely on one another’s house sales to go through so that they can all move house. Whether or not a property is in a chain should be specified on the ad. If there is one delay or issue in a chain, there is a knock-on effect to all others involved, so the process of moving could be delayed, or face falling through. First-time buyers have the benefit of not being in a property chain, so could be more appealing for a fuss-free house sale.

Completion: This is the final stage of the moving process. On completion day, the money is transferred and you get the keys. You can finally have a sigh of relief that you have done it once the completion goes through. Your conveyancer will manage the paperwork side of things, and any last documents which need signing or bills that need paying, are settled.

Conveyancing: As a whole, conveyancing encompasses the transfer of property from one person to another. As soon as you have an offer accepted on a property, a licensed conveyancer will take the reins and guide you through the rest of the process. When looking for a property, you should also consider which solicitors you will appoint for your conveyancing. Some firms are more respected and responsive than others, and it is key to have a conveyancing solicitor who is on the ball and will work to complete it as efficiently as possible.

Credit Check: Mortgage lenders will do a full credit check when deciding whether they can lend to you. After all, they need to have confidence that you will be able to make your monthly payments over a prolonged period. There are lots of components which can affect your credit score, both positively and negatively. Experian provides five key ways to improve your credit score here. It is something to be working on from the earliest opportunity so that you can prove you will be a reliable person to lend to!

Deposit: The deposit is the amount of money you have saved up to put down towards the cost of your property. A mortgage will make up the rest of the cost of the property, but you will have to check with lenders as to what percentage of total house price they require a deposit to be. Some ask for 15% to 20%, others more, and there are various government schemes that can allow for smaller deposits. These can change over time so it is worth checking at the start of your property search. This will help you to decide how much you can afford to borrow, and the types of properties within your budget.

Exchange: This is the exchange of contracts, where the deposit is paid and the contract of sale/purchase becomes legally binding. In these contracts, a completion date will be specified. The length of time it can take to exchange contracts can vary largely depending on whether there is a chain.

First-time buyer: Typically if you have never owned a home anywhere in the world, you are a first-time buyer. This applies to individuals or couples where neither has owned property before. Other instances where you are classed as a first-time buyer are if you own, or have previously owned, commercial property i.e. a shop, café or salon with no living space attached.

If you have inherited property, it will be classed as you having owned it, and so it is unlikely that you are eligible for first-time buyer benefits. If you are buying in   a couple and one person has owned property before, as a pair you will not qualify.

Freehold: A freehold property is one where the homeowner owns both the property and the land it is built on. This means you won’t have to pay annual ground rent. If you buy a freehold property, you will be responsible for maintaining the property and gardens or land in its surrounding area.

Gazumping: When another party makes a higher offer on the house that you have already had an offer accepted on. Gazumping can happen at any point until the exchange of contracts, and if the seller wants to accept the higher offer, you will be knocked out of the buying process and have to start your house search again. If, for example, you are taking too long to have a survey done, or if your solicitor isn’t moving at an adequate pace, there becomes more scope for someone to put in a higher offer who is in a position to move through the process faster. With this in mind, it is crucial that you have a mortgage agreement in principle in place, and have a solicitor ready to move when your offer is accepted.

Help to Buy: The Help to Buy ISA is no longer being offered, but those who have one can still claim the benefits until 30th November 2029. Instead, the Government has two Help to Buy schemes: Shared Ownership and the Equity Loan. Each of these schemes enables buyers to put down a smaller deposit by helping them financially, either through lending or by sharing the percentage of the property owned by the government and the buyer. Lots of information on the Help to Buy schemes can be found here.

Home Buyer Report: When you have had an offer accepted, you can get a Home Buyer Report / Survey. This can identify any problems that could lead to damage or future repairs. It helps to provide clarity on the quality of the property, but only checks for easily visible issues on homes which are already in reasonable quality.

Insurance: Home Buyers Protection Insurance can protect in the event of being gazumped, or if the sale falls through for other reasons. There are lots of providers of this insurance, and it isn’t very costly, so it may be worth exploring.

Joint Tenants: if you are buying as a couple, you must let HM Land Registry know what type of joint ownership you want. Joint tenants have equal rights to the property. If one person dies, the property automatically goes to the other, and you cannot pass on your ownership in your will. If you divorce or separate, you can transfer to ‘tenants in common’ – see further down.

Leasehold: In a leasehold, you own the property, but do not own the land that it is built on. You will pay ground rent to a landlord (the freeholder) for the land for a number of years, or decades. There have been recent proposals for reforms to ground rent on leasehold properties which you can find more about here.

Loan to Value (LTV): An assessment of the risk associated with lending a person a mortgage. This is the ratio, or percentage, of the property price that they are willing to lend. The higher the LTV, the higher the risk and interest rate. For example, an 80% loan for a 20% deposit will have a higher interest rate than if you had a 40% deposit and only needed to lend 60% of the total cost.

Mortgage Payments: There are two ways to repay your mortgage. Repayment mortgages will enable you to pay back a small part of the loan and interest each month until the lending term is over, i.e. small, consistent payments every month over 35 years. Interest-only mortgages mean that you only pay the interest each month, and repay the total loan amount at the end of the borrowing term, i.e. a lump sum paid 35 years later. More info can be found here.

Property Survey: A detailed inspection of the property you have had your offer accepted on. It can identify any deep-rooted issues such as structural problems, as well as any areas which may require repair. This helps to provide a transparent view of the property you are buying. There are different levels of property survey, which you can explore in more detail here. You may be able to negotiate a slightly lower price to compensate for issues found in the survey.

Snagging Survey: Snagging surveys are a new build’s supplement to a property survey. Essentially, it is a list of all the issues or ‘snags’ with a new build property, usually defects like damage to paintwork or small unfinished jobs throughout the property. Ideally, this survey should be done before any money changes hands.

Tenants in Common: If you are buying with another person or a group of people, you may choose to register the property with HM Land Registry as tenants in common. You can own different shares of the property; it doesn’t automatically go to the other owners if you die, and you can pass on your share in your will. If you get married and want equal rights to the property you can transfer to ‘joint tenants’.

Title Deeds: These are legal documents showing the chain of ownership for land and property. This can include conveyancing documents, contracts and details of mortgages providing a trail of who has previously owned the property.

Choose your conveyancing solicitor

The keys to helping the home-buying process run smoothly are efficiency and being thorough. Whether you are a first-time buyer or you have moved a few times, there can be different obstacles each time. You want to be able to trust in your conveyancer to rectify any issues quickly but also properly.

Our conveyancing team comes extremely highly recommended for these exact reasons. Find out more what clients have to say about our team on Review Solicitors, and don’t hesitate to get in touch with any questions.

You can call us on 0161 969 3131 or fill in our contact form and one of the team will be in touch.