What is Commercial Property Law?

In the dynamic world of business, where every square foot can mean an opportunity, navigating the intricate landscape of commercial property requires expertise. Commercial property law, at its core, revolves around the acquisition, sale, leasing, and utilisation of land for commercial purposes, be it for development or investment. Merriman Solicitors, with a wealth of experience, stands as your reliable guide through the intricate maze of legal considerations in commercial property transactions.

Key Aspects of Commercial Property Law:

Commercial property law spans various transaction types, both short and long term, covering freehold property transactions, commercial leases, acquisitions, and development projects. It intricately intersects with planning, construction, and tax law. Our team at Merriman Solicitors is adept at handling a plethora of issues including:

● Leasing of commercial properties from the perspective of both landlords and tenants.

● Purchase, sale and management of investment properties.

● Development of both residential and commercial building projects.

● Financing of commercial property transactions and funding of building projects.

● Resolution of commercial property disputes through litigation, mediation, and arbitration.

Is it worth leasing or buying a commercial property?

Determining whether it is more advantageous for you to buy or lease will be a crucial decision in the development of your business or investment strategy. When it comes to commercial property, the stakes are typically high, meaning significant financial risks and more difficult decision-making processes.

You must consider both the present and the future when deciding whether to purchase a commercial property outright or whether to take on a tenancy. When business people decide to rent property, it’s usually because they are just getting started in the industry or the area, or because they don’t want to be tied down by property ownership due to financial constraints. Those who want to buy instead of renting, do so because they desire more control over the property’s usage (they can more readily

change its appearance, subject to planning clearances) and also because it’s typically a wise investment.

In the end, it comes down to your financial situation, your needs from the property, and your long-term goals.

How can our Solicitors help?

From acquisition to sale, investing in properties poses specific challenges that require a sophisticated legal strategy. Merriman Solicitors is skilled at handling these complications, guiding clients towards well-informed decisions that complement their financial goals. We carefully go over contracts, carry out due investigation, and bargain for advantageous conditions during the buying process. Our legal staff handle leasing agreements, compliance issues, and the nuances of management under ownership. When it’s time to sell, we maximise returns by facilitating smooth transfers.

Whether you’re an individual or an organisation dealing with commercial property, having a solicitor by your side is essential. Merriman Solicitors offers comprehensive legal support, tailored to the specific needs of diverse industries.

Our commercial property solicitors can assist in:

● Providing legal advice to buyers, sellers, landlords, or tenants in property acquisition or leasing matters.

● Offering guidance to property developers involved in new construction projects.

● Conducting thorough property research, including CPSEs, boundaries, disputes, planning permissions, local authority matters, easements, and more.

● Drafting, completing, and filing paperwork and documentation related to commercial property transactions.

● Facilitating negotiations for sale or lease contracts.

● Resolving disputes related to owned or prospective commercial properties.

● Offering conveyancing services for commercial properties, ensuring a seamless legal process in buying or selling.

How Merriman Solicitors Elevates Your Commercial Property Experience

At Merriman Solicitors, we pride ourselves on understanding the unique needs of our clients and serving areas in and around Marlborough & Wiltshire. With an unwavering commitment to protecting your interests, we bring years of experience to the table, ensuring that your commercial property journey is not just legally sound but also strategically advantageous.

Ready to embark on a journey where your commercial property transactions are handled with expertise and precision? Complete our online enquiry form or reach out to us at 01672 515846 or via email at law@tmp.uk.net

Residential Conveyancing Services

Buying or selling a home can be a stressful experience, and we understand the challenges involved. At Merriman Solicitors, we offer a friendly and expert service to guide you through the process seamlessly.

Our team of qualified solicitors, with extensive experience in conveyancing, is dedicated to providing you with assistance from start to finish. We specialise in various aspects of residential conveyancing, including:

• Sales and purchases
• Freehold and Leasehold
• Joint ownership advice
• Loan Agreements
• First registrations
• Probate and matrimonial transfer
• Enfranchisement and lease extensions

Having worked in Marlborough and Wiltshire for many years, we have a deep understanding of the local area and strong connections with local agents. In response to our clients’ needs, we have expanded our services to cover properties in London, making it an integral part of our work.  We can also assist with transactions throughout England and Wales.

Feel free to call us at 01672 515846 or contact us via email to discuss how we can assist you. In most cases, we can offer a fixed fee for our services.

Pricing for Residential Conveyancing:

Property transactions are unique, and our fees reflect the specific requirements of your sale or purchase. While we aim to provide a reliable estimate, the actual cost depends on the details of your intended transaction.

Fees Structure:

Typically, our fees, on a Fixed Fee basis, range from £1,000 – £2,000 plus VAT (£200-£400) for standard transactions.

Additional fees apply for leasehold properties £100 – £200 plus VAT (£20-£40).

Our fee for dealing with re-mortgages ranges from £350 – £475 plus VAT (£70-£95) with an additional £75 plus VAT (£15) for leasehold transactions.

Additional Expenses:

In addition to our fees, you will incur costs payable to third parties, known as ‘disbursements.’ Common disbursements include search fees, Stamp Duty Land Tax (paid to HMRC), Land Registry fees, and more. We handle disbursements on your behalf for a smoother process.

Duration of Transactions:

The time from offer acceptance to contract exchange varies based on factors like the property type and the number of parties in the chain. On average, a conveyance takes between 12-20 weeks.

Stages of the Process:

Our service encompasses various stages, such as:

• Taking instructions and giving initial advice
• Drafting or receiving and advising on contract documents
• Carrying out searches and obtaining planning documentation if required
• Raising or answering enquiries on title documents and searches
• Reporting on title and obtain mortgage offer (if appropriate)
• Obtaining authority to exchange and agree completion date
• Agreeing pre completion documents and obtaining pre-completion searches
• Providing a financial statement
• Completing the sale/purchase
• Dealing with the payment of Stamp Duty/Land Tax and application for registration at Land Registry

Quality Assurance:

As members of the Conveyancing Quality Scheme by the Law Society, we adhere to high standards, ensuring a professional and quality conveyancing service.

Please contact us by phone at 01672 515846, Email or Complete the online enquiry form to discuss your individual needs; we are here to assist you.

What is a trust? 

A trust is an arrangement whereby assets are placed in trust for the benefit of trust beneficiaries pursuant to  a legally binding agreement  governed by a trust deed or trust instrument. In most cases the basic reason for setting up a private trust is to provide for loved ones who because of their age, mental incapacity or other circumstances may not be able to properly look after assets themselves. 

In order to set up a trust, a person (called the Grantor or Settlor) transfers money or property to the nominated trustees who are then responsible for supervising, holding, managing or distributing the asset.

The Trustees then handle the money or property as directed by the Grantor for the benefit of certain people (called Beneficiaries). A trust is a separate legal body that can be created during a person’s lifetime or through a testamentary document such as a Will.

What are the different types of trust? 

Although trusts are typically thought of as belonging to the affluent, they are actually quite flexible and can be utilised to accomplish a variety of goals. 

Trusts can also be created for tax-planning reasons and asset protection. The most usual types of trusts which can be created are:

Bare Trust

This type of trust is not, strictly speaking, a trust at all. An asset is held in the names of trustees, but the trustees only nominally own the assets within the trust. The real owners are the beneficiaries. Such trusts arise commonly when children are entitled to assets but they are not old enough to have legal authority to deal with those assets.

Discretionary Trusts

The trustees of a discretionary trust own the trust assets having absolute discretion to administer and distribute the assets, and these powers apply  to both capital and income of the trust. 

The beneficiaries only have a mere ‘hope’ of receiving a benefit from the discretionary trust. The trustees are often guided by a separate non-binding letter of wishes created by the ‘Settlor’ of the Trust as to how they would like the trustees to exercise their discretion.

The Settlor can also be a trustee but for tax purposes should never benefit from the trust assets themselves in any way. The real advantage of this type of trust is in its flexibility allowing the trustees to take into account the changing needs of the beneficiaries and the tax legislation throughout the trust period.

Mixed Trusts 

A combination of different trust kinds is called a mixed trust. A discretionary trust may be used to handle some of the assets in the mixed trust, while other assets may be put away as an interest in possession trust. Sibling beneficiaries who reach the age of majority at different periods may benefit from these trusts.

Interest in Possession

This is a trust whereby a person (called the ‘life tenant’) is entitled to income or occupation of a property but not to the  capital. Such a trust may be established in the circumstances of second marriages where the settlor wishes to provide for a new partner while at the same time protecting capital for their own children to inherit in due course.

Why do I need a trust? 

With the help of trusts, someone can leave behind assets while maintaining some degree of control over how those assets are utilised and managed for the benefit of the beneficiaries.

Utilising trusts proves invaluable in handling estate affairs, strategising for inheritance tax arrangements, and securing assets for successive generations. 

The realm of trust law is intricate, offering an array of trust variants, necessitating meticulous selection of the suitable trust type and trustees. 

Furthermore, the sustained management of trusts poses significant challenges and consumes substantial amounts of time, which emphasises the significance of involving experienced solicitors in the creation and maintenance of trusts.

How can our experienced solicitors help? 

Our knowledgeable team of solicitors is skilled in handling the nuances of trusts and can offer professional advice catered to your particular situation. Merriman Solicitors is here to help you at every stage of the process, regardless of whether you’re thinking of creating an interest-in-possession trust, a discretionary trust, or a combination of the two.

Please fill out our contact form or call us at 01672 515846 for individualised assistance. Allow us to assist you in properly planning for the future and protecting your assets.

Making a Will ensures certainty for your loved ones who are likely to be experiencing a time of intense bereavement. It sets out clearly, for example, your funeral wishes and the persons whom you wish to appoint as executors to deal with the administration of your estate and to give effect to the terms of your Will after your death.

Making a Will avoids your estate from being administered according to strict statutory intestacy rules which are highly unlikely to reflect your true wishes.

Making a Will is simple. Don’t hesitate.

We can help with :

• Wills
• Probate
• Estate Administration
• Tax Planning
• Trusts and administration
• Powers of Attorney
• Deputyship Applications
• Court of Protection Matters

Complete the online enquiry form or contact us by phone 01672 515846 or email.

Businesses should promote good practice at work with clear and fair policies and procedures. Stay on the right side of employment law with effective risk analysis to make the right decisions and prevent incidents before they arise.

When you want to sell or buy a business, we can:

• Take you through the transaction with efficiency
• Draft commercial contracts, partnership agreements
• Advise upon Winding up your business and Succession Planning

Protect your business against potentially expensive disputes. We can mediate to resolve small or major issues at your workplace. We can help you to be as prepared as possible and provide:

• Mediation in workplace issues
• Protection for your business with robust policy and procedure
• Contracts and settlements
• Protection for your business clients with effective restrictive covenants
• Practical advice for HR matters of recruitment, redundancy, sickness and absence
• Ways to manoeuvre disciplinary and grievance issues

Mediation is a voluntary and confidential way to resolve conflict and disputes. Through mediation we have helped both parties achieve a solution that is acceptable to everyone. Mediation can be a highly cost-effective, fast route to resolution which helps you to move on with your life. An effective mediation can avoid protracted arguments and minimise the stress and impact on you or to your business. Our trained Mediator will manage various sorts of disputes such as:

• Contractual
• Workplace or Director disputes
• Complaints against Professionals
• Landlord and Tenant
• Neighbourhood Disputes
• Boundary Issues
• Business to Business
• Poor Service

The focus in mediation is finding a way forward.

Complete the online enquiry form or contact us by phone 01672 515846 or email.

Family-run businesses may be at risk when partners fall out. The income from the business may be integral to pay the bills. The family home, land, cars or horses and stables may be wrapped up with the business or perhaps only one spouse or civil partner owns the business with their family or other directors and the other spouse /civil partner wants to leave.

We can help you to work through difficulties upon the breakdown of a relationship with:

• Separation and Divorce advice
• Financial settlements
• Cohabitation rights and setting up agreements
• Pre-nuptial and post-nuptial contracts
• Business succession planning
• Sale and purchase of SMEs or assets in a business

It may be that the Mediation process of informally discussing both points of view at an early stage could help identify the root cause of your problems and result in settling your differences. If this is not the case, we will advise and represent you throughout the process towards the most beneficial settlement possible, either around a table or in court.

Complete the online enquiry form or contact us by phone 01672 515846 or email.