Conveyancing Explained

July 11, 2008

Another very important thing to check when you’re viewing the property is who actually lives there. This is important because the person who owns the property might not be the only one who lives in it. Another occupier could therefore be entitled to live there, even after the seller has sold it and you have bought it!

For example, if the seller has a spouse who is not a co-owner, then they might still have a right to live there in law, even though they do not legally own the property. This is because they are protected by the Family Law Act 1996. Those in a civil partnership now have the same rights of occupation. Adult children may also have rights.

Your conveyancing solicitor should raise enquiries about who else lives in the property, but if you think that there are adult children or non-owning spouses, then you must make your solicitor aware of this straightaway. He can then ensure that the occupier signs the contract waiving any rights that they might have to live in the property.

Otherwise, you may find yourself with a lodger on completion!