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What does exchange of contracts mean?

What is a completion date?

What is registered land?

What is unregistered land?

Joint Tenants, what does that mean?

Tenants in common what does that mean?

Freehold or Leasehold?

Will I have to pay stamp duty?


What does exchange of contracts mean?

In most sales and purchases two contracts will be drawn up - one for the seller promising to sell the property and one for the buyer promising to buy.

When these have been signed by both sides the solicitors will 'exchange contracts'.

After this has happened the contract is binding between both sides.

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What is a completion date?

The completion date is the day when the balance of the purchase price passes between the buyer and the seller, and is often the day when you move into the property (or take possession of your commercial unit)

The completion date will usually be agreed between both sides' solicitors before exchange of contracts to give you time to make arrangements for moving in.

In some circumstances exchange and completion can take place on the same day.

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What is registered land?

The Land Registry holds a register of property ownership, when you purchase property your details will be entered on the register.

This means that you no longer have to store a bundle of title deeds as the entry on the register is sufficient to prove that you own the property. If there is any dispute an official copy of the register can be obtained to prove your ownership.

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What is unregistered land?

If your property was last bought before the system of registering land was established, ownership of land can only be proved if you have a deed showing that the land had been sold to you by a previous valid owner. Often these deeds are stored by your solicitors or a bank.

Many properties in the UK are still unregistered and when you come to sell your house these title deeds will need to be produced.

After the sale the details of the new owner will be registered and the title deeds will only be of historical interest.

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Joint Tenants - what does that mean?

If two or more people own property together as joint tenants this means that when they die their share of the property automatically passes to the other owner(s).

This can be useful, for example if a husband dies the property will automatically pass to his wife.

Joint tenants also means that you can not leave your share of the property to anyone except the other owners. If you think you would want to leave the property to someone else then ask us for advise on owning the property as Tenants in common.

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Tenants in common - what does that mean?

If two or more people own property as tenants in common this means that you each own a separate interest in the same piece of land.

If you die you can leave your interest in the property to someone else, for example a husband could leave his share to his children so that they owned the property with his wife after his death.

Owning as Tenants in common can also reflect your contribution to the purchase price as the share can be split unequally between the owners.

When you sell the property you will receive a proportion of the sale price in line with the size of the share you own.

If you hold property as tenants in common it is important to have a will to decide what will happen to the property when you die. Your share will not automatically go to the co owners so it is a good idea to ensure you are leaving it to the people you want to inherit the property. See the Wills trusts and probate section for more information on wills.

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Freehold or Leasehold?

Leasehold means that you are buying the right to use a property for a certain amount of time. This can be relatively short, for example renting a flat for 10 years, or for a long time, a lease on a house for 999 years.

At the end of the lease ownership of the property will go back to the Landlord, but if you buy a long leasehold on a property the chances are that you will have moved again by the time that situation arises.

Freehold means that there is no time limit on your ownership of the property.

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Will I have to pay stamp duty?

On some transactions you will have to pay Stamp Duty Land Tax. The amount payable depends on the value of the property and the location, certain postcodes, often in developing areas are exempt from Stamp Duty Land Tax.

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Property - FAQ


Please note that the answers to these questions are intended for general guidance only.

Any answers given will depend on your circumstances.

If you have any specific questions please contact a member of the property team.


Contact Us

Property team

t: 0151 666 9167

e: property@phrsols.co.uk



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