Why Conveyancing Solicitors in Portsmouth may require a Statutory Declaration

Statutory declarations by vendors are quite often required by buyers' Conveyancing Solicitors in Portsmouth, for a variety of reasons.

Conveyancer Gemma Farguson had to prepare one when she was acting on the sale of a leasehold flat on Albert Road, Southsea, Portsmouth PO4 in 2009.

The Conveyancing Solicitors in Portsmouth acting for the byuyers were Blake Lapthorn of Harbour Court, Compass Road, North Harbour, Portsmouth, Hampshire PO6 4S. Having investigated the sellers' title they were not satisfied that there was an adequate right of access contained in the lease of the premises. It was not possible to vary the terms of the lease without contacting the freeholder, which would have taken some time and probably involved further expense.

Gemmas' clients pointed out that they had not had any problems in getting to the property. It was therefore agreed that they would give a formal statement to that effect. Conveyancing Solicitors in Portsmouth require such declarations as they can be admitted as evidence in any subsequent court case even if the person who made it is no longer available.

Typical situations where a statutory declaration may be advised:

• where access crosses land belonging to someone else and there is no legal right of way
• when someone who has occupied land does not have legal ownership, but claims 'squatters rights'
• if deeds are missing
• if an owner's name is incorrectly spelt on the land register or in some document.

When there is a possibility that at some time in the future someone else could claim land or prevent use of a road, or otherwise challenge an owner's title then any such declarations may be admitted as evidence in any proceedings.

Once Gemma had agreed the wording with the buyers' Conveyancing Solicitors in Portsmouth her clients had to sign in front of a commissioner for oaths, and it was handed over at completion to be kept with the deeds.

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