“Ask the Expert”


Get all your legal questions answered by our expert Solicitor Emma Selfridge, Head of Conveyancing at Bowden Jones Solicitors.


Q: I am buying a house and my solicitor has written to me saying that the Property is in a Conservation Area. What does this mean?


A: A Conservation Area is ordered by the Local Authority to protect and preserve areas of historical or architectural importance. If the property is in a Conservation Area this simply means that there will be limitations on alterations you may wish to carry out and this includes even the most minor of alterations. In the circumstances it is always advisable for you to liaise with the Local Authority before carrying out any changes or alterations as you may require their consent.


Q: I am buying with my partner and don’t know what type of Co-Ownership to choose.


A: Tere are two ways in which a property can be owned by two or more people, and it is


vital that you understand the differences before making your choice:- Option 1 - Joint Ownership (‘Joint Tenants’) Joint ownership means that each joint owner owns the whole of the property. When one joint owner dies, his


/ her interest


in the


property effectively disappears. No part of the property can be transferred to anyone else under the deceased joint owner’s Will (no matter what it says) nor under the intestacy rules (if no Will exists). Te surviving joint owner is leſt automatically owning the whole of the property.


Option 2 - Ownership in Common (‘Tenants in Common’) Ownership in common means that each joint owner owns a separate and distinct share of the property. Tey can agree to hold in equal or unequal shares. (For example, two owners in common could hold 50% each, or 70% and 30% etc.) When one owner in common dies, his/her


share in the property will pass to the person named in their Will. If no Will exists, it will pass to the next of kin under the intestacy rules. It is therefore very important that an owner in common makes a Will. In the event that the property is sold during the owners’ lifetimes, the net sale proceeds will be split according to the owners’ respective shares in the property.


Please note that the above is basic advice. Should you require additional information then please call our team on 02920 484550. If you have any questions that you would like answered within the next edition please email enquiries@bowdenjones.co.uk.


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Cardiff & South Wales Advertiser – Friday 3rd March 2017 - 11


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