Conveyancing in Bradford –advising on the definition of fixtures and fittings.

Undertaking Conveyancing in Bradford for the owners of a detached home on Sutton Drive, Cullingworth, Bradford, West Yorkshire, BD13, Conveyancing Solicitor Kate Hamilton was asked to agree an additional clause to cover additional items which the purchasers had agreed to buy. Where this is proposed as a way of saving stamp duty Property Lawyers have to be careful to advise clients on the implications which may arise for them.

Kate was acting for Mr and Mrs B, and had asked them to complete a list of fixtures fitting and chattels as a standard part of Conveyancing in Bradford. This list was sent to the purchasers’ Conveyancing Solicitors, Mir and Co of 846 Manchester Road, Bradford, West Yorkshire BD5 8DJ together with the draft contract and copy of the sellers’ registered title.

During subsequent discussions, the sellers informed Kate that it had been agreed with the buyers that they would pay an additional sum for a log cabin and hot tub in the garden. Kate had to advise that if this was being done so that the buyers could pay stamp duty at a lower rate the revenue authorities could subsequently investigate the sale, and the other Conveyancers might not be prepared to agree this arrangement.

Generally speaking anything which is attached to land or a building so as to form part of it is regarded as a fixture and will be included in a conveyance. However it can be very difficult to determine whether certain items are fixed or merely fastened to make them more secure or convenient to use. Sheds and similar outbuildings which just rest on the surface are probably not fixtures, but more substantial buildings which have some sort of foundations or are connected to services may become part of the land.

The other Property Lawyers initially said that the items in question should be included in the price as part of the property. They subsequently had discussions with their clients and it was agreed that the contract would be amended, as there were reasonable grounds to believe that the buildings were not fixtures, so this Conveyancing in Bradford was then completed.

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