Property law frequently asked questions

A standard residential conveyancing transaction usually takes between eight and twelve weeks from the point at which an offer is accepted to completion. However, the timeline can vary depending on several factors, including the length of the property chain, the speed of local authority searches, and whether any issues arise during the due-diligence process. If you are buying with a mortgage, your lender's processing time will also play a role. At Dynamic Property Rights, we work proactively to keep things moving and will flag any potential delays as early as possible so you can plan accordingly.

In addition to the purchase price itself, buyers should budget for several additional costs. These typically include solicitor fees (which we offer on a fixed-fee basis for standard transactions), search fees (usually between £250 and £400), Land Registry fees, Stamp Duty Land Tax (or Land Transaction Tax in Wales), and any mortgage arrangement fees charged by your lender. There may also be survey costs if you commission a homebuyer report or full structural survey. We provide a detailed cost breakdown at the outset of every instruction so there are no surprises.

While there is no strict legal requirement to use a solicitor when selling property, the complexity of the process makes professional legal advice strongly advisable. A solicitor will prepare the contract pack, respond to the buyer's enquiries, liaise with your mortgage lender to obtain redemption figures, and handle the transfer of funds and title registration. Attempting to manage these steps without legal support significantly increases the risk of errors, delays and potential disputes.

Exchange of contracts is the point at which both buyer and seller become legally committed to the transaction. Before exchange, either party can withdraw without penalty (although they may lose costs already incurred). At exchange, a completion date is agreed and the buyer typically pays a deposit of ten per cent. Completion is the day on which the balance of the purchase price is transferred, the keys are handed over, and ownership officially changes. The gap between exchange and completion is usually one to two weeks, though simultaneous exchange and completion is possible in some cases.

If you believe a neighbour has encroached on your land, the first step is to establish the precise boundary. This usually involves obtaining the title plan from the Land Registry and, if necessary, commissioning a surveyor to map the boundary on the ground. If encroachment is confirmed, we would typically write to the neighbour setting out the position and seeking a resolution. Many boundary disputes can be resolved through negotiation or mediation without the need for court proceedings. However, if the neighbour refuses to cooperate, you may need to apply to the court for an injunction requiring removal of the encroachment and/or damages.

Adverse possession — sometimes called "squatters' rights" — is a legal principle that allows a person who has occupied land without the owner's permission for a continuous period to apply for legal ownership. For registered land in England and Wales, the occupier must have been in possession for at least ten years before making an application to the Land Registry. The registered owner is then notified and has the opportunity to object. The rules differ slightly in Northern Ireland and Scotland. If you are concerned about a potential adverse possession claim against your land, or if you believe you may have a claim yourself, we can advise you on the merits and process.

Rights of way can be established by express grant (written into the title deeds), by prescription (long use over time), or by necessity (where a property would otherwise be landlocked). Disputes often arise when a landowner attempts to block or restrict an established right of way. Resolution typically begins with a review of the relevant title documents and any historical evidence of use. We then seek to negotiate a practical solution with the other party. If negotiation fails, the matter may need to be referred to the court or, in some cases, the First-tier Tribunal (Property Chamber) for determination.

Freehold means you own the property and the land it stands on outright, with no time limit on your ownership. Leasehold means you have the right to occupy the property for a fixed period (the lease term), but the land is owned by the freeholder. Leasehold properties are common in flats and apartments. As a leaseholder, you will typically pay ground rent and service charges to the freeholder or a management company. When the lease term falls below around eighty years, it can become difficult to obtain a mortgage, which is why many leaseholders seek a lease extension. We advise on both leasehold purchases and lease extensions.

The rules on eviction depend on the type of tenancy and the jurisdiction. In England and Wales, the Renters (Reform) Bill is set to abolish Section 21 "no-fault" evictions for assured shorthold tenancies, meaning landlords will need to provide a valid ground for possession (such as rent arrears, anti-social behaviour, or the landlord wishing to sell or move in). In Northern Ireland, the rules differ and landlords must follow specific notice procedures. In all cases, a landlord cannot simply change the locks or force a tenant out — they must obtain a court order. If you are facing eviction, we can advise you on your rights and help you respond appropriately.

Leaseholders have the right to challenge service charges that are unreasonable in amount or that have not been incurred in accordance with the terms of the lease. The first step is to request a summary of the costs from your landlord or management company, which they are legally required to provide. If you believe the charges are excessive, you can apply to the First-tier Tribunal (Property Chamber) for a determination. The tribunal will assess whether the charges are reasonable and whether the work or services were of an acceptable standard. We can guide you through this process and represent you at the tribunal if necessary.

Yes, we offer fixed-fee pricing for standard residential conveyancing transactions, including purchases, sales and remortgages. This means you know exactly what our legal fees will be from the outset, with no hidden charges or hourly-rate surprises. For more complex matters such as commercial transactions, development projects or disputes, we provide a detailed fee estimate after an initial assessment of your case. We are always transparent about costs and will discuss any changes with you before they are incurred.

Absolutely. While our offices are based in Northern Ireland, we regularly act for clients with properties in England, Wales and Scotland. Property law does vary between jurisdictions — for example, Scotland has a different conveyancing system — and our team includes solicitors qualified to advise on matters in each jurisdiction. We also have a network of trusted correspondent firms that we can work with when local representation is needed, ensuring you receive seamless service regardless of where your property is located.