Guide to Restrictive Covenants.
Restrictive Covenants.
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Property Abroad.
If you are looking to buy a property abroad you will need expert legal advice, this section details services provided, and offers guidance on how to find a solicitor for your needs.
Buying or selling property overseas can involve very different legal procedures from those used in the UK. Property ownership rules, contracts, taxes, inheritance laws and restrictions on foreign buyers vary considerably between countries. Solicitors who advise on overseas property will often specialise in a limited number of countries or regions. It is therefore important to choose a firm with current experience of the law and property-buying process in the country concerned.
How an Overseas Property Solicitor Can Help
A specialist solicitor may be able to advise on:- The purchase or sale contract;
- Ownership and title checks;
- Planning permission and building licences;
- Mortgages and property finance;
- Deposits and stage payments;
- New-build and off-plan developments;
- Local taxes, fees and ongoing charges;
- Joint ownership arrangements;
- Wills, succession and inheritance rules;
- Letting the property;
- Residency or visa issues connected with ownership; and
- Property disputes or failed developments.
Use an Independent Lawyer
Do not assume that a lawyer, notary or adviser recommended by the estate agent, developer or seller is acting solely in your interests. Your legal adviser should be independent and should confirm:- Who legally owns the property;
- Whether there are mortgages, debts or other charges affecting it;
- Whether the building has the necessary permissions;
- Whether any restrictions apply to foreign purchasers;
- What taxes and additional costs will be payable; and
- What protection is available if the purchase does not complete.
Tax and Inheritance Planning
Owning property abroad can create tax and succession issues in more than one country. Before purchasing, consider obtaining advice about:- Purchase and transfer taxes;
- Annual property taxes;
- Tax on rental income;
- Capital gains tax when the property is sold;
- Inheritance and estate taxes;
- The effect of local forced-heirship rules; and
- Whether a separate local will is appropriate.
Finding an Overseas Property Solicitor
When contacting a firm, state the country and region in which the property is located, whether you are buying or selling, the type of property and whether a contract or deposit has already been signed. Not every overseas property solicitor advises on every jurisdiction. You may therefore need to search beyond your local area to find a firm with the appropriate country-specific expertise. Use the search facility at the top of this page to find an Overseas Property Law Solicitor. If you cannot find a suitable firm, contact Solicitors.com, and we will help narrow your search to firms offering expertise in the relevant country.
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If you are looking to buy a property abroad you will need expert legal advice, this section details services provided, and offers guidance on how to find a solicitor for your needs.
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