Commercial Property Title Searches

When buying a commercial property, there are many different things that you need to take into consideration. One of the most important things to think about is how you intend to use the property and whether there are any issues that might affect it.

As these issues may be costly or prevent you from operating in the way that you plan to, it is therefore very important to make sure that you are fully aware of them before committing to a purchase.

This means that a number of searches need to be conducted on the property, to help make the buyer aware of any problems that might occur later on. One of the most important searches is the title search, which will provide all of the necessary details on who owns the property, the rights it might benefit from and any leases that might be in place to name just a few things.

Understanding Commercial Property Title Searches

What is a Commercial Property Title Search?

A title search on a commercial property act as an investigation into the history of the property in order to help understand more about it. The majority of properties in the UK are registered with the Land Registry, and so the experts at Lovedays Solicitors can access all official copies of the register, including the title plan and any supporting documents that the register might refer to.

This allows you to build a clearer picture about the property, as it will not only detail who the current owner is, but also the extent of the property and the price that was paid for it.

In addition to this, a commercial property title search should uncover whether the property benefits from any rights as well as whether it is subject to third party interests such as mortgages, rights or covenants. The commercial property title search should also show if there are any applicable leases on the property and any other entries or interests that could be a problem or be worthy of further investigation.

Importance of Conducting a Title Search

There are a number of reasons why it is important to carry out a title search on a commercial property. It can help to identify issues for the potential buyer or tenant that could affect the way in which they intend to use the property.

Any title search should be carried out as early as possible when purchasing a commercial property. As it could highlight potential problems, it allows buyers the time to carry out further investigations and take any necessary action to mitigate problems. This can help to prevent lengthy delays and the associated costs caused by buyers pulling out of transactions, and buyers will not be able to go back to the seller if issues are uncovered after contracts have been exchanged.

Title searches are not just carried out by buyers, as they can also be important in the case of commercial property leases. This allows the tenant to be assured of the landlord’s ownership and gives them a better insight into issues which might affect the business that they are planning to run. This can help to negotiate a fair lease agreement and allows them to deal with any problems before making a commitment.

How Title Searches Protect Buyers and Tenants

The main purpose of a commercial property title search is to give potential buyers and tenants protection before committing to buying or leasing a property. They are given greater levels of transparency that can show things such as the rights to access a property, easements that might allow an adjoining property right of way and restricted covenants that might stop the buyer from using the property in the way that they intended.

It can also identify any liens that might be in place. These are put onto commercial properties by creditors, giving them a legal claim against the property as a result of a debt that is owed by the owner of the property.

As this remains attached to the property rather than the owner, it can still remain effective even after it has been sold and can require the new owner to either settle the debt or obtain lien release from the lender before they can sell or refinance it. A title search can show whether there is a lien on the property and what it could entail for the buyer, allowing them to find out more about how it could affect them, and not leave them liable for a debt that is not theirs.

{quote}

The Role of Commercial Property Solicitors

Comprehensive Legal Support for Commercial Properties

When buying a commercial property, it is important to instruct the services of a professional commercial property solicitor like those at Lovedays Solicitors. As they have expert knowledge and experience, they can help and advise you through every step of the process. This means that they can look at your own personal circumstances and provide tailored advice based around your own goals and business plans.

They can conduct all of the important searches and help to deal with all of the issues that might arise as a result of this. They can help to negotiate solutions and draft agreements that can help to protect you by ensuring all areas of your property transaction and its implications have been carefully considered.

As professional commercial property solicitors, they can also assist in issues relating to property leases, by establishing all of the rights and responsibilities of tenants and landlords and drafting lease agreements accordingly.

Commercial property solicitors can provide a comprehensive service, helping buyers, sellers and tenants understand all of the factors that might affect them, so that they can make informed decisions, safe in the knowledge that they can benefit from professional legal advice during every stage of the property lifecycle.

Specialised Expertise Across Sectors

Commercial property law can span a wide range of sectors, and here at Lovedays Solicitors we have a good understanding of many of them. We work across these different sectors, which mean that we are able to provide tailored support based around the area that you are working in. Our extensive knowledge means that we can take a collaborative approach with other legal specialties to ensure that all of our clients receive a full, detailed and comprehensive service.

The Process and Costs of Title Searches

Steps Involved in a Title Search

In order to conduct a title search for a commercial property, the full address details of the property will be needed. This allows a solicitor to check the Land Registry for the title deeds and all of the details associated with it. This will show the boundaries of the property as well as any existing obligations on it.

If the land is unregistered, then it may be necessary to do more research in the local area to try and establish who the owner might be. This may be available on the details of adjoining properties which may refer to the neighbouring land.

Your solicitor can also search county or local authority records for clues, including looking for planning applications that may have been submitted for the land in question. Although 85% of the land in England and Wales is registered, some still is not. Much of the unregistered land tends to be owned by the Crown, the aristocracy or the Church and is not registered because it has never been sold.

Interpreting Title Search Results

Once a title search has been conducted, a report can be put together which outlines the results. A commercial property solicitor can help to interpret what has been found and advise on any issues that have been raised by it.

If any issues are highlighted by the searches, it is important to understand what they are and the differences between them. A solicitor can explain the differences between liens, encumbrances, easements and judgements and can advise you on how they may affect your ownership and use of the property.

Some of these issues may restrict how you finance the property, whilst others will impact on the value. You should also be aware of issues that may incur financial costs in the future or prevent you from carrying out your business in the way that you had planned.

It is also important to consider the severity of the issues that have been highlighted, as some are likely to be more serious than others. Your solicitor will be able to explain what action you can take to resolve the issues and can help to negotiate on your behalf with the seller or any other affected parties.

Cost Considerations

There are costs involved in carrying out title searches, and so it is important to factor these into any budgets that you may have. It is necessary to purchase official copies of the register, title plan and associated documents from the Land Registry, although it is important to remember that the cost of these will usually be covered by the seller.

However, you will need to consider the cost of the time incurred by your solicitor, as it is up to them to put the report together based on the results. There will also be costs involved for the time spent providing advice, negotiating and drafting any agreements that need to be put in place to resolve your issues. This is often based on a set hourly rate, and so the more complicated the situation is, the more it is likely to cost.

Whilst this can be expensive, it is often much more affordable than realising there are problems after the purchase has been made.

{quote}

Addressing Title Problems

Common Title Issues and Solutions

One of the most common issues that is revealed on a commercial property title search is the presence of outstanding financial charges and liabilities, which will rely on your solicitor ensuring that the seller commits to paying off anything that they owe to a third party before completion.

Boundary disputes are also common factors with all kinds of title searches. It is important to remember that any Land Registry document will always try to show the land and its boundaries as accurately as possible, but this may not always be precise. If the property boundaries are not clear, then it may be necessary to apply for a boundary determination or agreement, a transfer of land or litigation.

On occasions, there may be title discrepancies or errors on the title register, and these can be altered through an application to the Land Registry. There may also be restrictive covenants in place which could hinder your plans for the property. It may be possible to negotiate the release of the covenant, or to take out a form of indemnity insurance.

Preparing for a Clear and Marketable Title

When buying or selling any commercial property, it is important to have a clear and marketable title. This means that the property in question is free from all incumbrances, whether these are covenants, easements or liens. This helps to maximise the value of the property and can ensure that any buyer can be confident that they are making a sound investment that fits in with their business plans.

At Lovedays Solicitors, we work hard to ensure that a property will have a clear and marketable title that has no defects, encumbrances or legal issues. We start by conducting a thorough title search to uncover as much information as we can about the property by looking at all public records relating to it.

Once we have a full picture, we will then take any possible steps to resolve the issues that might arise. This can include working with the Land Registry to correct any issues, negotiating with lenders about debts attached to the property or applying to the courts to amend or remove any restrictive covenants.

Our knowledge and expertise mean that we are able to do this thoroughly and effectively, ensuring that the title is clear and marketable as soon as possible.

How Lovedays Solicitors Can Help

At Lovedays Solicitors, we are experts in dealing with commercial property transactions and leases, and providing the necessary property title legal assistance that is needed. We not only have access to all of the required public records, but our extensive knowledge also means that we can interpret these in real terms.

Our job is to help you, and so we will take you through each step, and explain everything that may have an impact on your investment and your business plans. We can help to find workable solutions and offer practical legal advice, so that you can make the best decisions for your own situation.

We are committed to providing the best possible customer service, and so we look to provide innovative legal solutions that can benefit our clients and their businesses, leaving them completely satisfied. Our transparent pricing structure ensures that there are no nasty surprises, and you will always know where you stand.

We know that dealing with commercial property can be a tricky business, and so our entire team is dedicated to helping you navigate the process in a friendly and professional manner by providing clear and thorough explanations so that you can always have a full understanding of the situation.

Conclusion

Commercial property titles can reveal a lot about the property that you are about to lease or invest in, so they need full and proper attention. It is therefore important to use proper legal services to find out all of the information that might be attached to your property, and to interpret them in a way that helps you to understand what the implications might be for you and your business.

At Lovedays Solicitors, we are here to help, and can not only provide a full commercial property title legal service for you, but we can also use our vast experience and knowledge to put together solutions and offer balanced legal advice on the best way forward.

{quote}