Buying a vacant property can be an excellent opportunity in today’s competitive housing market, and many people do with the help of government supported refurbishment grants for vacant and derelict properties.
If you are considering buying a vacant or derelict property it is important to find the right solicitor for you. Here at Anthony Joyce & Co Solicitors, we regularly advise clients purchasing older homes and vacant or derelict properties.
Below, we explain the key legal checks to consider before you commit to buy.
Please note: Grant schemes and eligibility criteria are assessed by the relevant local authority and may change over time. This article is general information only. Anthony Joyce & Co Solicitors can advise you on the conveyancing and legal aspects of buying a vacant property.
Why Buying a Vacant Property Requires Extra Legal Checks
A vacant / derelict property often comes with additional risks compared to a standard house purchase.
Common issues we see when clients buy a vacant / derelict property include:
- missing or unclear title documents
- boundary or mapping issues
- access or right of way concerns
- delays where probate is involved
- planning permission gaps (old extensions or alterations)
- mortgage complications due to compliance issues
These problems are not always obvious when viewing vacant or derelict properties and these issues will only come to light when your solicitor is reviewing the title documents.
Title and Ownership: Can the Vendor (i.e., the Seller) Sell?
One of the first steps in conveyancing is confirming that the vendor has the legal right to transfer ownership to you.
With older properties, complications can arise where:
- the title is unregistered
- original deeds are incomplete or missing
- ownership has changed informally over time
- the property forms part of an estate
Your solicitor will investigate the title to ensure the purchase is legally secure and can be properly registered after completion.
Boundaries and Mapping
Boundary issues are more common than buyers expect. For example, the boundary “on the ground” may not match the legal boundary on the Land Registry map. This can occur where walls, fences, or garden lines have changed over time.
Your solicitor will check the title documentation to confirm what is included in the sale and will advise you whether there are any mapping discrepancies that should be addressed.
Access and Rights of Way
Access is a key legal issue, particularly where a property is reached by a lane, shared driveway, or private road.
Even if you can physically access the house, the legal position must be clear. Your solicitor will check whether there is:
- legal access from a public road
- a right of way benefiting the property
- any rights of way affecting the property (for example, neighbours crossing the land)
Access issues can affect mortgage approval, insurance, and future resale value.
Planning Permission and Previous Works
Many older homes have been altered over time, for example rear extensions, attic conversions, or converted outbuildings.
If planning permission was required but not obtained, this can create difficulties during the conveyancing process and may delay finalising the sale.
In some cases, retention planning permission may be required. This can take time, so it is best to identify the issue as early as possible.
Probate and Estate Sales
A significant number of properties come to market following a death in a family.
Where a property is being sold through an estate, the sale may depend on:
- probate being granted
- the executor having authority to sell
- title being in order
This can impact timelines and should be factored into your plans from the outset. If probate is required, this could delay the transactions until probate is granted, you can be waiting months for the grant of probate. The property cannot be sold without it.
Mortgage Complications Due to Compliance Issues
Even if you have mortgage approval in principle, a vacant property can still cause delays when it comes to drawdown (drawdown is when the bank is sending over the money for the property). This is because lenders may raise additional queries where a property has compliance issues or is not considered “mortgage ready”.
Common examples include:
- missing planning permission for older extensions or alterations
- lack of certificates or supporting documentation for works carried out
- concerns around building regulations compliance
- title issues that affect the lender’s security (for example, access or rights of way)
These issues are not always obvious at viewing stage and often only arise once contracts are issued and the solicitor and lender review the legal documentation.
Why This Matters
If legal issues are not dealt with early, they can:
- delay the transaction
- lead to renegotiations late in the process
- affect mortgage approval
- cause a sale to fall through
With the right advice early on, most issues can be managed, but preparation is key.
Here at Anthony Joyce & Co Solicitors, we assist clients with the conveyancing and legal aspects of buying derelict and vacant properties.
If you are considering purchasing a vacant or derelict property, we strongly recommend speaking with a conveyancing solicitor before making an offer. If you are considering buying a property via auction, please instruct a solicitor well in advance of the auction date, as title would have to be reviewed before the auction date.
Contact us today and we will guide you through your next steps with clarity and confidence.
