Karen Yates

Karen joined Clough & Willis in 2005. As a Solicitor and a member of the Property team she specialises in land transactions and all aspects of residential conveyancing, including:

•  Sales & Purchases;

•  Remortgage work;

•  Advising Landlords & Tenants;

•  Sales and Purchases at Auction; and

•  Purchases of Freeholds.

Karen acts for all types of clients, from individuals to companies across Bury, Manchester, the North West, and nationally across the UK .

Karen's areas of legal expertise include:

RESIDENTIAL CONVEYANCING

Sales and Purchases : The legal transfer of property from one owner to another. Karen is experienced in dealing with all types of properties, including new builds; properties purchased 'off-plan'; leasehold or freehold properties; conversions; Buy-to-Let properties; listed buildings; flats and apartments.

Mortgages and Remortgages: The taking out of a new mortgage or changing lender, including Buy-to-Let mortgages.

Transfer or Sale of Property following divorce or relationship breakdown: The sale or legal transfer of property from one owner to another following divorce or relationship breakdown. If one owner is to retain the property and his/her partner is to be removed as a legal owner of the property, this is known as a Transfer of Equity.

Transfer or Sale of Property following death of an owner: The legal transfer of a property where an owner of a property has died. The property will need to be transferred in accordance with the terms of the will of the deceased owner or sold and the proceeds of sale distributed to the beneficiaries.

Deeds of Gift : The transfer of one owner's property (or share in a property) to another person where no payment is made in return.

Sale and Purchase of Freeholds/Ground rents: A ground rent is a sum of money payable by the owner of leasehold properties. There are rules which allow the owner of the property to apply to purchase the freehold interest. Alternatively, the freeholder may offer the freehold interest for sale. Karen regularly acts for clients purchasing the freehold to their property or for freeholders who wish to dispose of their interests.

Redemption of Rentcharges: A rentcharge is a sum of money which is sometimes payable by the owner of freehold land. There are rules which allow the owner of the property to apply for this to be redeemed.

LAND TRANSACTIONS & RIGHTS OF WAY

The law relating to occupation and ownership of land and rights of way can be confusing and can lead to doubt and uncertainty for the parties involved.

Karen is experienced in dealing with complex land and property issues and is able to assist with any problems regarding land ownership or rights of way.

Purchase of Land: In theory, purchasing a piece of land should be simpler than purchasing a property but it is still important to ensure that the right solicitor, who asks the right questions and does the work properly is instructed.. It is important to consider issues such as rights of access, services to the land and the future use of that land.

Registration of Ownership : Making a voluntary first registration application to the Land Registry to register ownership. Registering the title to a property provides an up-to-date official record of the ownership of the land and eliminates the need to examine the past history of the title. It also helps to prevent fraud which can occur where title deeds are lost or stolen.

Proving ownership: A common problem is that title deeds may have been lost over the years. In order to prove ownership, an application will need to be submitted to the Land Registry for the current owner to be noted as the person legally entitled to the land or property. This is more complicated than a simple first registration and it is important to ensure that the application is correct. Karen is experienced in such matters and is able to advise of any potential issues and will guide the application smoothly through the process.

Adverse Possession of Land/Squatters' Rights: The occupation of land without the permission of the owner. If anybody has been occupying land which does not belong to them for a long period of time they may wish to apply to be registered as the owner of the land.

Rights of Way & Easements: An easement is the right for a person to use another person's land for a stated purpose. An easement can relate to the whole of the property or a specific area. Perhaps the most common easement is one that allows services (for example water, drainage, gas, electricity, telephone and television cables), for one property to pass over or beneath the land of a neighbouring property. A right of way is a particular type of easement that gives a person the right to travel across property owned by another person.

TENANCIES FOR LANDLORDS & TENANTS

Karen is able to assist in all aspect of landlord and tenant law, including advising on and drafting tenancy agreements; advising on the deposit protection services available plus arranging for an Energy Performance Certificates ( EPC ) to be put in place. Karen is also able to act on the purchase of a Buy-to-Let property.

AUCTION SALES & PURCHASES

There has been an increase in the number of people who buy and sell their properties at auction. Karen regularly acts for clients buying or selling properties in this way.

When considering selling or buying a property at auction, there are various steps to be taken to ensure that the sale or purchase proceeds as smoothly as possible.

For Sellers: The auction house will require an auction pack to be compiled. This must be prepared as soon as possible so that prospective buyers have the opportunity to discuss the pack with their own Solicitors prior to the Auction. Karen can prepare such an auction pack. As part of the pack it can nominate the timescale for completion, usually 28 days after the auction and also include a provision that the Buyer is to reimburse legal fees.

For Buyers: Purchasing a property at auction is not without risk. However, by seeking professional advice at the outset, that risk can be minimised or even eliminated. All properties to be sold at auction will have an auction pack which contains details of the property, together with copies of the necessary title documents. These packs are often complex and Karen is able to review auction packs and arrange meetings to discuss any issues prior to attending the auction.

Karen graduated from Leeds University after having completed a BA Honours degree in Latin followed by a Masters degree in Law. She then went on to complete the Legal Practice Course at BPP Law School before joining Clough & Willis in 2005.

Karen is married and outside of work she enjoys walking, cooking, and travelling.

karen.yates@clough-willis.co.uk