Update on Coronavirus

Neil McGranaghan

In keeping with public health recommendations, we would encourage our clients to contact us by phone rather than attend our offices. This is to ensure the safety of both our clients and our staff.  If you require a face to face meeting we will of course endevour to facilitate you.

Thank you for your understanding.

Protection from Harassment

Ben Wall

Harassment is something with which we, as a society, are becoming more and more acutely aware of. Especially in this digital and social media age where people can be bullied and abused online. If you are suffering from harassment you need to be aware that you are not alone and that we can help. First though, if your harassment is at the hands of someone you’re having or had a relationship with; a family member; or someone you’re living with or lived with, then see our page relating to Non-Molestation Orders.

For harassment at the hands of anyone else you may be able to find protection through The Protection from Harassment (Northern Ireland) Order 1997. This legislation states;

A person shall not pursue a course of conduct—

(a)which amounts to harassment of another; and

(b)which he knows or ought to know amounts to harassment of the other.

A “course of conduct” must involve conduct on at least two occasions and includes speech.

The legislation creates a criminal offence, which can lead to imprisonment and it also creates a civil remedy where you can obtain a court injunction restraining the harasser from continuing to engage in the conduct which constitutes the harassment. If the harasser breaks the terms of that injunction then that again constitutes a criminal offence and imprisonment may follow.

We are here to talk and listen to the problems you are going through. You will not be judged in any way. Just by opening up to someone you may begin to feel like there are people on your side and that you can gain the strength to do something about it. We can liaise with the PSNI on your behalf if you do not feel strong enough to do that.

Please do not let funding concerns deter you from getting in touch with us. We will provide you at the outset with estimates of all our fees and charges. There may be the possibility to agree a flat fee at the outset of your case. Alternatively you may be entitled to legal aid. We will be able to explore these options on your behalf.

For many years Boyd Rice Solicitors have been representing people who are going through this difficult time in their lives.  We devote care and attention to our clients and you can contact your assigned solicitor by phone or email.

Please call us now on 02891 817715, email family@boydricesolicitors.com or complete our Online Enquiry for a FREE, no-obligation discussion and let us explain how we can help you.

What to do on discovering a spillage from your neighbour’s oil or septic tank.

Jack Morrow

As the winter weather continues to take hold we all dread the prospect of problems with our heating system as complex issues leave us in the cold in more ways than one. It is recommended to have boiler care or to ensure this is covered under your home insurance to make sure you won’t be out of pocket. Septic tanks require similar care, and again we would recommend you have adequate insurance to avoid a bill where anything goes wrong.

But what happens if a malfunction in a neighbour’s oil or septic tank has led to a spillage onto your property? This could be from a breach in the tank due to rust or wear-and-tear, or even a mistake by their contractor leading to a release of hazardous liquids onto your land. A gradual or sudden release of hazardous liquid causes trouble to your land both on the surface and soaking down through the layers of earth below. As well as this it is a risk to your personal health, with septic tanks a source of many forms of harmful bacteria with E. coli especially an example.

The first thing to do on discovering the spill is to limit the spread and minimise the area affected. To do this and reduce the risk of harm to yourself you should contact a specialist contractor as soon as possible. They will establish the full extent of the spillage and will take necessary samples for examination to confirm the source of the spillage as from neighbouring land. The contractor will also ensure any dangerous materials are disposed of correctly to minimise further harm to the environment.

A spillage will badly affect agricultural land used both for grazing and for growing crops, while on the residential side this will affect the marketability of the property. In both instances any spillage incident needs to be dealt with as soon as possible to minimise the damage.

With severe financial and environmental implications, you will be glad the responsibility for the loss or damage you have suffered is with whoever caused the spill in their use, storage or transport of the substance . We will ensure you are fully compensated for all loss, from the diagnosis or advice of a specialist contractor to the full clean-up of the affected land and disposal of all contaminated remnants. Where necessary we liaise with the Department of Agriculture, Envronment and Rural Affairs (DAERA) to ensure all protocols are adhered to with no hassle to you.

If you have been affected, please contact one of the claims team on 02891 817715 , or by email at claims@boydricesolicitors.com and let us explain how we can help you.

We offer a free initial consultation where we will confidentially discuss the circumstances of the incident and will assess how we can assist you in the best way possible. We use leading experts to investigate spillages and our team of environmental consultants are extremely experienced.

Purchasing a new home conveyancing

Time running out to open your Help to Buy ISA.

Jack Morrow

A Government initiative launched in 2015, the Help to Buy ISA is the perfect way to help people get onto the first rung of the property ladder.

Available from a range of Banks and Building Societies, the account is available for all first-time buyers. Under the scheme, the government will boost your savings by a 25% bonus when you put them towards your first house. The minimum you can deposit into your Help to Buy ISA to claim the bonus is £1,600. The maximum bonus available is £3,000 on savings of £12,000. These are the maximum and minimum per person, meaning that where you are buying with your partner you could both save separately to claim a full £6,000.

It is vital you open your Help to Buy ISA account before the 30th November 2019 as after this date they will not be available. Once you have opened your account you may continue to save a maximum of £200 a month until 30th November 2029. You then have until December 2030 to claim your bonus. Although you have the option to deposit up to £1,200 in the first month, you may also open the account before the deadline but wait a few months (even beyond the 30th November 2019) to deposit any cash and maximise savings. We would recommend checking these options with your specific Bank or Building Society.

When it comes to buying your first home all you need to do is close the ISA and ensure you receive the relevant closing letter. On receiving this closing letter we will apply for the Government bonus on your behalf and will put all funds including the bonus towards the purchase of your property. Our experienced team will guide you throughout your move into your dream home and will be happy to claim your Government bonus with no hassle for you.

If you are ready to buy your first home call us now 02891 817715, email property@boydricesolicitors.com or complete our Online Enquiry for a FREE, no-obligation discussion and let us explain how we can help you.

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Boyd Rice Solicitors continue to expand with the addition of two new appointments

Neil McGranaghan

We are delighted to announce the appointment of Mary Lowry as a Solicitor in the Family and Matrimonial Department. Mary has extensive experience in handling a wide variety of Family Law matters and regularly appears in the High Court and Family Care Centre on behalf of her clients.

In addition, we continue to invest in future members of the legal profession with the second Legal Executive appointment of this year (following on from Emma Coey who joined the Firm at the start of the year). Jack Morrow has joined us from a large regional law firm and will be assisting in the Conveyancing and Litigation Departments.

The appointments will ensure that we continue to provide our clients with a high level of service and will allow for continued growth in the practice areas of Conveyancing, Family and Litigation.

Lastly, we are happy and proud in equal measure to report that Christina McDowell is now a Trainee Solicitor having taken a place at the Institute of Professional Legal Studies. Christina began her formal training in September 2019 and will qualify as a Solicitor in September 2021. We wish her every success during her training.

conveyancing law solicitors

Boyd Rice Solicitors’ Guide to Conveyancing Terminology

Ben Wall

Tell your deed from your deposit with our conveyancing jargon buster

As legal professionals it is all too easy for us to fall into the trap of using complex legal terms and phrases when we discuss your conveyancing with you. We do our best to avoid this and to explain matters to you succinctly and clearly. We want you to understand how your property transaction is progressing throughout. To assist with this, we thought we would provide you with a handy glossary to some of the key words and phrases for those occasions when we do use a technical phrase you may not understand.

Conveyancing

Where better to start. Conveyancing, in very simple terms, is the word to describe that area of law with is concerned with the acquisition and transfer of property and rights in property.

Title

In the context of conveyancing there are two possible meanings to this word. One is the equivalent of ownership of land and rights in it, i.e. to have title to land is to have ownership of it. The other is the proof of such ownership, i.e. the evidence such as documents like title deeds which establish the ownership of the land.

The Contract

Up until the contract is signed either party can choose to walk away. The agreement becomes binding when the purchaser signs the contract (also known as the offer to purchase) and it is sent to the vendor’s solicitor for the vendor to sign. The vendor signs it then a copy is returned to the purchaser’s solicitor. It is deemed to be binding when it is received by the purchaser’s solicitor. It is common for this to take place close to completion.

Completion

This is the date when money is transferred from the purchaser’s solicitor to the vendor’s solicitor and the purchaser gets into their new home. It is not the end of the work for the solicitor as the transaction will have to be registered.

Freehold/Leasehold/Fee Farm Grant

If you own a freehold interest in your land then you have effectively absolute ownership of the land. It has the potential to last forever.

If you have a leasehold interest then ultimately the land will revert to the freeholder however it is typically for leasehold interest to last up to 10,000 years here in Northern Ireland so it is unlikely the freeholder will be getting the land back any time soon. You will have to observe covenants and pay a ground rent to the freeholder.

A fee farm grant is like a hybrid of the other two interests. It lasts forever but there is a rent to pay. However this rent is usually a nominal rent which is not collected.

Land Registry

There are two land registration systems in Northern Ireland. The land registration system records the ownership of land and the Land Registry is the office that administers this system. Since 2003 whenever any property in Northern Ireland is transferred for value there is a compulsory obligation to register the property with the Land Registry if it has not already been done so. This has helped to increase transparency and certainty in the ownership of land here.

Registry of Deeds

This is the second land registration system here. This system records the existence and priority of deeds and the Registry of Deeds is the office that looks after this. The move to the Land Registry system, as noted above, has made conveyancing a much easier and more certain process.

Deed/Transfer

This is the document that will be used to register the transfer of ownership from vendor to purchaser. If the property is registered in the Registry of Deeds a deed is drafted by the purchaser’s solicitor and signed by the vendor. If the property is registered in the Land Registry then a prescribed form – “transfer” – is used. The signed, or “executed”, deed/transfer is provided to the purchaser’s solicitor after completion to allow registration to take place.

Covenants

A covenant is a “promise” contained in a deed which regulates the behaviour of those people that have interests in land. These are usually more commonly found in leasehold estates but as more and more new developments are created with freehold estates they are increasingly relevant to freeholders. Examples include the restriction on making alterations to building on the land, the requirement to pay rent and rates and often matters that could be seen as trivial – such as a prohibition on playing musical instruments between 11pm and 8am. Your solicitor will advise you prior to your purchase as to what covenants are relevant to your new property.

Deposit

Most people tend of think of the deposit as the difference between what the mortgage company is providing them with and the purchase price. However what the deposit really means in the conveyancing process is a sum of money paid by the purchaser to the vendor at the point where the parties enter into contract (usually 10% of the purchase price). Deposits have become less and less common and are usually only encountered in transactions involving new build properties and auction sales.

Fixtures and Fittings

Fixtures have traditionally been regarded as those things that would require considerable effort, probably tools and skill to remove. Fittings are generally regarded as things that can be un-hooked, un-plugged, lifted or removed without great effort, tools or specialised knowledge. If you are selling your property, your solicitor will provide you with a fixtures and fittings list to complete so that the purchaser knows what you intend to leave and what you intend to remove.

Searches

You will have heard the phrase “searches” in relation to conveyancing. These can encompass a wide variety of matters. Bankruptcy and Enforcement of Judgment Office searches will be required against the vendor/s to ensure there is nothing noted which would preclude the vendor from selling the property. If the property is registered in the Registry of Deeds then a search is required to ensure no document has been lodged which would gain priority over the would-be buyer. If the property is registered in the Land Registry then a similar search would be required. If the property is in the Registry of Deeds then a map search of the area to which the property relates is required to ensure some or all of that land has not already been registered in the Land Registry. The vendor will also be obliged to produce a Statutory Charges Register search which will indicate whether the property is affected in any way by statutory restrictions which are not noted elsewhere.

Property Certificates

The vendor will provide two property certificates prior to completion. One will be obtained from the local council and will indicate a number of matters including any licensing or building control matters affecting the property. The other – regional property certificate – collates information from the Roads Service, NI Water, the Planning Office, etc relating to the property and takes a little longer to be produced.

Mortgage

This is a loan secured against your property. If the borrower doesn’t make the repayments in respect of the loan then the lender can apply to the High Court for a Possession Order so that they can sell the property and recoup their money.

Ground Rent

If you own a leasehold interest in land there will be a ground rent. This is paid to the freeholder of the land (or an agent that collects it on their behalf). Ground rents are usually quite small (indeed some are nominal and not collected). The vendor is required to discharge the ground rent balance prior to the sale of the property.

We hope this brief guide helps you understand the process a little better. If there are any terms that you have heard and you are still not sure of the meaning please contact us on 02891 817715 or contact our property team by email at property@boydricesolicitors.com.

Boyd Rice Solicitors announce Action on Hearing Loss as charity of the year

Neil McGranaghan

Boyd Rice Solicitors are delighted to announce Action on Hearing Loss as our 2019 charity of the year.

Action on Hearing Loss support people throughout Northern Ireland and the UK who are deaf, have hearing loss and/or tinnitus to live the life they choose. They run free hearing aid support sessions and provide assessment and rehabilitation services for people with hearing loss.

We have acted on behalf of hundreds of people who have suffered loss of hearing or Tinnitus following exposure to excessive noise and believe that this great charity can make a real difference to peoples’ lives.

We will be engaging with our clients and with the local community in an effort to raise money for this fantastic cause. Further announcements in relation to our fundraising events will follow throughout the year.

conveyancing law solicitors

The Conveyancing Process – Selling your Home in Northern Ireland

Ben Wall

Part Two of our Guide to Conveyancing Focuses on Home Sellers

This is the second part to our guide to the conveyancing process. The first part can be read here. This part focuses on those selling their property.

Picking a Solicitor

It is best to appoint a solicitor before a bid is accepted on your property. This allows for the solicitor to make preparations in advance. If you currently have a mortgage on your property they will need to obtain your title deeds from your mortgage company. The time taken before the deeds are received from the mortgage company has increased significantly over time. This is due to various factors including bank job cuts resulting from the financial collapse and increasingly the mortgage lender will have sent the deeds to a third-party storage provider to hold them on their behalf. A wait of a month is not uncommon.

Once you have accepted an offer on your property your estate agent will ask you for the name of your solicitor.

Initial Engagement

When you have selected a solicitor and notified the estate agent, the agent will send a Memorandum of Sale to your solicitor. This will provide the solicitor with confirmation of the following items; the full address of the property, the name of the purchaser, the purchaser’s solicitor, the purchase price and any other conditions that have been stipulated.
Your solicitor will send you a letter of engagement with terms to accept and return. Your solicitor will ask for copy identification and proof of address to comply with their regulatory obligations.

Title Deeds, Certificates and Searches

The onus is on your solicitor to provide certain documentation to the purchaser’s solicitor. The most obvious of which is the title documentation (deeds) relating to the property to be sold. If these weren’t requested in advance from your mortgage company, as outlined above, they will have to be now. This is a frequent source of delay. If you are using your regular solicitor, and you have no mortgage on your property, then it is likely that your solicitor will already hold your title deeds. This should speed matters up.

Along with the deeds your solicitor will send a draft contract, which will incorporate the Law Society’s General Conditions of Sale, and any special conditions deemed relevant at that time.

Your solicitor is obliged to obtain two property certificates. One is sought from the local council and one from the DOE. The wait times are two to three weeks typically. Solicitors are increasingly encouraged to order these as soon as possible in the process to avoid delay later. However many solicitors still have a practice of not ordering these until they have received the deeds from the mortgage company or the purchaser’s solicitor has confirmed that a mortgage offer has been made. Depending on the contents of the DOE property certificate your solicitor may need to order a NI Water map to demonstrate the location of any sewers traversing the property. It takes a couple of days for this to come in.

Your solicitor is obliged to obtain Bankruptcy and Enforcement of Judgment Office Searches against you. This will inform the purchaser’s solicitor of whether there may be any restrictions on you selling the property.

Another necessary search is in the Statutory Charges Register. This search is against the property rather than you and may indicate issues regarding planning, sewerage, roads, etc.

The purchaser’s solicitor will assess all these documents and discuss them with the purchaser. Some issues may be raised and your solicitor will have to try deal with these as best as possible.

Replies to Pre-Contract Enquiries and Fixtures and Fittings List

This is a key document. Completed by you and your solicitor, it is a questionnaire which covers almost every conceivable aspect of the property. Depending on the answers the purchaser’s solicitor may have to enquire further before he/she can be satisfied that they can advise their client to purchase the property. The most common issues that arise are around planning permission and building control. If you have carried out any work without seeking consent then your solicitor will help you obtain retrospective consent. If the property is leasehold you should provide a copy of the up to date ground rent receipt to your solicitor. If you do not have one you should contact the ground rent holder to check the balance and discharge this prior to completion. The receipt can then be provided to the purchaser’s solicitor. If the property is serviced by gas then you should obtain a gas safety certificate from within the twelve months prior to the sale of the property.

Mortgage Application and Surveys

Whilst this exchange of documentation is ongoing the purchaser will be securing his/her mortgage offer. Their mortgage company will send a valuer to your property to assess whether it is worth the money that has been agreed. The purchaser also has the option to obtain a survey of the property. This survey will be a comprehensive review of the condition of the property. It will flag up any issues which the average layman may not be able to spot. These surveys are often used in negotiating a reduction in the sale price.

Contract

The time between the signing of the contract and completion has shortened over the years. There is no need to get too concerned if you are completing in a week and the contracts have not yet been signed, just speak to your solicitor.
The purchaser signs the contract first. It is then sent to your solicitor. You will sign it and once it is returned to the purchaser’s solicitor the contract is formed and binding. In practical terms, this is the point of no return. If you try to back out after this point the purchaser has options such as utilising the courts to ensure the contract goes ahead.

If there are matters outstanding and time is of the essence then the contract may be signed subject to special conditions.
At the same time the purchaser’s solicitor sends the contract to your solicitor he/she will send a draft deed. This is the document that will formally transfer the legal interest in the property from you to the purchaser. You will sign this prior to completion and your solicitor will send it to the purchaser’s solicitor after completion.

Completion

In the run up to completion your solicitor will confirm with your mortgage company the exact amount needed to redeem your mortgage.

Depending on the contract the purchaser’s solicitor will either send a cheque for the purchase price to arrive on the completion date, or they will send a bank transfer on the day itself. Once this has been received your solicitor will contact the estate agent to inform them that they may give the purchaser the keys.

Your solicitor will subsequently send the transfer deed to the purchaser’s solicitor. Your solicitor will pay the redemption money required to your mortgage company who will then send a “sealed vacate” to your solicitor. This sealed vacate is usually forwarded, along with the required fee, to the purchaser’s solicitor. The purchaser’s solicitor submits the transfer deed and the sealed vacate for registration and ownership of the property is transferred to the purchaser.

Your solicitor will draft up a cash statement for you showing the expenses and also the balance funds that are due to you which they will transfer to you by cheque or by bank transfer.

If you would like advice in relation to buying and/or selling property please give us a call on 02891 817715 or contact our property team by email at property@boydricesolicitors.com.

Merry Christmas and Happy New Year from Boyd Rice Solicitors

Neil McGranaghan

2018 has been a great year for Boyd Rice Solicitors.

Thank you to all of our clients for your instructions over the past 12 months.

Our office will close from midday on Monday 24th December 2018 and will re-open on 2nd January 2019.

If you require urgent advice please email urgent@boydricesolicitors.com and one of the team will get back to you ASAP.

Best wishes for the festive season from all our Staff. See you in the New Year!

Boyd Rice Solicitors introduce 24 hour accident helpline

Neil McGranaghan

As part of our continued commitment to our existing clients and in line with considerable growth in our road traffic accident department, Boyd Rice Solicitors will be the first law firm in Northern Ireland to offer a 24 hour, 7 days a week accident helpline.

This ensures that any of our clients, old or new, can benefit from free legal advice at the scene of an accident.

Our accident helpline number is;

07541292444

Please save this on your phone for future reference.
Not only will we be in a position to provide you with initial advice but we can also;
– Arrange for your vehicle to be repaired;
– Arrange for you to receive a replacement vehicle;
– Liaise with Police;
– Arrange for medical treatment including physiotherapy and rehabilitation;
– Secure compensation for your injuries;
– Claim for any depreciation to your vehicle;
– Recover your insurance excess;
– Recover your loss of earnings.

We always strive to ensure that our client’s insurance is not affected by a non-fault accident

For further information please consult our website;

https://www.boydricesolicitors.com/personal-injury/road-traffic-accidents/

or email the team;

claims@boydricesolicitors.com