5 Legal Red Flags to Watch Out for When Buying a Property

1. Title Issues – Who Really Owns the Property?

One of the most important checks when buying a property is ensuring the seller has a clean and undisputed title. Problems such as:

• Unregistered property – If a property isn’t registered with the Land Registry, verifying ownership can be complex.

• Undisclosed co-owners – If the property is jointly owned, all owners must agree to the sale.

• Restrictive covenants – These legal conditions might limit what you can do with the property, such as prohibiting extensions or running a business from home.

A solicitor will review the title to ensure no surprises arise after purchase.

2. Boundary Disputes – Where Does the Property End?

A property’s boundaries may not always match what you see on the ground. Disputes often arise over:

• Fences or walls not being placed where legal boundaries actually lie.

• Shared driveways or access points that aren’t formally documented.

• Rights of way that allow neighbours or the public to access your land.

Before purchasing, your solicitor will check boundary plans and any legal rights affecting the property to prevent disputes later.

3. Planning Permissions & Building Regulations – Is That Loft Conversion Legal?

Many buyers assume that modifications made to a property were done legally—but that’s not always the case. Issues can include:

• Extensions or loft conversions without planning permission.

• Work that fails to meet building regulations, making it unsafe.

• Listed buildings or conservation area restrictions that limit further changes.

If unauthorised work is discovered after purchase, you may be forced to pay for costly corrective work or even remove modifications entirely. Your solicitor will check for planning approvals and completion certificates before you commit.

4. Leasehold Traps – Hidden Costs & Short Leases

If you’re buying a leasehold property, it’s crucial to check:

• The lease length – A shorter lease can affect a property's value and make it harder to secure a mortgage. Extending a lease can also become more expensive over time.

• Ground rent clauses – Some leases include escalating ground rent, which can double every few years, making resale difficult.

• Service charges – Unexpectedly high service charges for maintenance can make a property unaffordable.

Your solicitor will review the lease terms carefully to ensure there are no unfair clauses that could cost you later.

5. Environmental & Flood Risks – Could Your Home Be at Risk?

Certain environmental factors can impact your property’s value, future saleability, or insurance costs. These include:

• Flood risks – Even if the property has never flooded before, being in a flood zone can lead to higher insurance premiums.

• Contaminated land – Some properties are built on land previously used for industrial purposes, which may require expensive remediation work.

• Subsidence issues – If a property has a history of subsidence, securing a mortgage may be difficult.

A solicitor will conduct environmental searches to flag any risks before you commit.

Final Thoughts – The Importance of Legal Due Diligence

While a property might seem perfect on the surface, these hidden legal risks can turn a dream home into a nightmare. Working with an experienced solicitor ensures that you are fully informed and protected throughout the process.

If you’re thinking of buying a property and want to avoid legal pitfalls, our expert team is here to help. Get in touch today to ensure a smooth, stress-free purchase.