Commercial Property Solicitors
Experienced Commercial Solicitors
At Malcolm C Foy & Co Limited, we have a team of solicitors with experience in a wide variety of commercial property transactions within the local region and throughout the country.
In connection with your transaction:
- We will keep you informed on the progress of your matter.
- We will aim to deal with your matter as quickly as the individual circumstances allow.
- We strive to find sensible and practical solutions to clients' legal issues.
- We always aim to meet and, where possible, exceed our clients' expectations.
If you would like to discuss a potential matter or require any further information, please contact one of our team using the details shown on this page.
Acquisitions & Disposals
We provide a bespoke but cost-effective service. We have the experience to identify key issues and address them effectively. Some of the issues that may arise in your acquisition or disposal are:
Negotiating the heads of terms
Title matters
Title indemnity insurance
Developments (Residential and Commercial)
Searches
Funding arrangements
Timescale
Stamp Duty
People
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Adverse Possession
An issue may arise where, for some reason, no documentary evidence of title can be produced, maybe because title deeds have been lost or if land has been in your possession for several years, but no transfer of the land into your name has taken place.
In this situation, it may be possible to make an application to the land registry for a “possessory" title. Statutory declaration evidence would need to be produced to the Land Registry to support the application. Our solicitors have experience and can assist in dealing with this and advising you regarding the likelihood of your application being successful.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Business Sales & Purchases
At Malcolm C Foy & Co we can advise you whenever you are seeking to buy or sell a business. It is important to ensure that you have good legal advice from the start to avoid potential problems arising at a later stage. We can provide this advice whatever your business structure – sole trader, partnership or company.
In any business sale or purchase you will need advice from a number of professionals. In addition to legal advice it is important that you get advice on your tax liabilities, from your tax advisors on the accounts of the business and on the apportionment of the purchase price.
We are well connected in the local area and pride ourselves on being able to work as part of a team with other professionals to achieve your objectives.
Selling & Purchasing a Business
When you are selling a business we can:
- In partnership with your tax advisors structure the deal to minimise your tax liability.
- Advise you on the information which you need to disclose in response to the buyers enquiries.
- Advise you on the content of the warranties and indemnities which you are being asked to provide and whether you should accept these or limit your liability under these.
- If you do not want anyone to know that the sale is taking place we can prepare a confidentiality agreement to be signed by all parties.
When you are purchasing a business we can:
- In partnership with your tax advisors ensure that the business assets are transferred in the most tax efficient manner.
- Investigate the business and raise appropriate enquiries to discover whether there are any hidden liabilities.
- Ensure that appropriate contractual warranties and indemnities are in place to protect you from hidden liabilities.
- Ensure that the seller of the business does not immediately start up in competition to you.
- Advise you on the most appropriate structure for your business once your purchase has completed.
If you would like to discuss a potential transaction or would like any further information then please contact one of our team using the details shown on this page.
Deeds of Easement
It may be necessary to grant an easement, such as a right of way, over neighbouring land to facilitate a development or to rectify a defect in title.
This could amount to dealing with:
- A private right of way or drainage easements
- Wayleave agreements
- Agreements with utility providers
- Substations sites or electricity easements in connection with the building of a sub-station
Our solicitors have experience in dealing with these kinds of matters. If you would like to discuss a potential matter or require any further information, please contact one of our team using the details shown on this page.
First Registrations
Whilst many properties are registered at the Land Registry, there are still large tracts of land which are unregistered, usually because the land has remained in the same family ownership for a number of years. This could be any area of land, from a small area adjoining a house to a large estate.
Making an application to register may be advisable, especially if this is to be sold or if you just want to protect against third-party interests. By registering your property, you will receive notification of any dealings which the Land Registry receive in connection with that land.
This is a specialised area in which our solicitors can assist.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Commercial Landlord & Tenant
Our commercial property team handles a range of matters related to leases and always strives to meet and exceed our clients' expectations. A core concern for many clients and businesses is to budget for costs from the outset. Therefore, we aim to identify deliverable and cost-effective solutions from start to finish whilst working to a high standard.
There are several things to consider when negotiating a new lease, and early advice can help identify these issues quickly. For example:
- Is the tenant responsible for all repairs and decorations, or just for keeping the property in the same condition it is at the start of the lease?
- Who is responsible for particular costs in the preparation of lease documents?
- Does either party require a break clause to allow for the possibility of early termination of the lease?
- Will a particular lease involve a Stamp Duty Land Tax charge?
It is always advisable to receive knowledgeable legal advice on all lease-related matters, as they are often complex. We ensure you fully understand your obligations under the lease and make you aware of any implications to avoid costly mistakes at a later date.
We have experience in dealing with leases in relation to all types of business premises, including offices, shops, industrial units, pubs, clubs and restaurants. We are more than happy to assist with all matters connected with leases.
Some key issues to consider in relation to leases are:
Term length
Rent review
Break clauses
Repairs, alterations and improvements
Assignment and sub-letting
Forfeiture
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Options & Overage
Our solicitors have experience of dealing with conditional agreements, such as agreements conditional on planning permission for development, which may be combined with overage provisions whereby additional consideration is payable in the event of planning permission being granted.
Our solicitors also have experience of dealing with options to purchase over land with property owners whilst planning is sought. The options enable the developer and the property owners to be confident that a binding agreement is in place before significant expenditure is incurred in pursuing the planning application.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Refinancing
We work alongside all the major lenders and have detailed knowledge of their requirements. We regularly deal with the following types of security:
- Mortgages and Charges – including first and second charges over property and other assets
- Debentures – incorporating fixed and floating charges over the company’s assets
- Charges over specific assets – such as money deposits, equipment, and other tangible assets
- Third-party charges and Personal Guarantees – including the requirement for independent legal advice
- Deeds of Priority – required where multiple charges exist to establish the order of priority between lenders
- Letters of Non-Crystallisation – often requested by a bank holding a floating charge to confirm the charge has not crystallised
- Discharge and Registration of Security – including discharges of existing security and new registrations at both the Land Registry and Companies House
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Nick Pashley
Director - Head of Property Department
