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Residential Propert Y

Residential Property

Personal Law

Every transaction is different and whether you are investing in property for the first time, buying your forever home, selling a listed building or simply looking to remortgage, our experienced Residential Property lawyers will do all we can to support you.

Our Residential Property team is available at Ashford, Canterbury and Herne Bay. They are all experts in their field, dedicated to excellent client care, outstanding legal performance and to making the process as stress free as possible.

Why choose Girlings Solicitors?

Whether you are buying a new home, selling your house or remortgaging, you will want to work with the best.

Girlings Solicitors has been a local fixture in Kent since 1881, and the reason we have been around for so long is that our reputation is second to none. Over the years, countless customers have trusted our lawyers to take care of their residential property transactions – everything from conveyancing searches to land purchases and transfers of equity.

In addition to straightforward sales and purchases, our expert solicitors are also on hand to help with a wide range of other property matters such as leaseholds, buy-to-let investments, shared ownerships, and more.

Our lawyers know that property transactions can seem overwhelming or stressful, and we are here to help. We will guide you through the entire conveyancing process, and you can relax in the knowledge that our experts will get it done properly with no missed details.

Conveyancing Quality Scheme

We hold the Law Society’s accreditation for the Conveyancing Quality Scheme (CQS), a mark of excellence for the home buying and selling process. This means that we have demonstrated the necessary skills and expertise to provide residential conveyancing advice and give you all the information you need to understand the conveyancing process. We also follow the Law Society's Conveyancing Protocol.

Different residential property and transaction types need specialist legal knowledge. Our expert conveyancers have extensive experience of dealing with high value homes, country houses and properties on private estates. The team’s broad practical knowledge allows them to think laterally and have the ability to act fast and provide commercial advice when it matters most.

If you are considering one of the Government’s affordable home ownerships schemes such as Help to Buy or Right to Buy our solicitors have the experience to guide you through this often complex process.

You may be thinking of remortgaging to benefit from the equity in your property or a more competitive deal from a different lender which will require legal work. We can also help with transfers of equity.

For a free quotation on your move or for any other property enquiry, please contact a member of our Residential Property team at Ashford, Canterbury or Herne Bay.

Our Experts

Gemma Bath

Head of Department
Residential Property

Chris Dewhurst

Residential Property

Louise Farrow

Residential Property

Julie Smith

Chartered Legal Executive
Residential Property

Laura Foster

Licensed Conveyancer
Residential Property

Shehaam Van Twest

Licensed Conveyancer
Residential Property

Macauley Cubitt

Associate Solicitor
Residential Property

Nathan Dady

Associate Solicitor
Residential Property

Lauren Jones

Assistant Solicitor
Commercial Property

Related Pages


The Conveyancing Process



What is a declaration of trust?

Where more than one party has an interest in a property, a declaration of trust is a deed which can be used to set out these respective interests and what should happen on a sale of the property. The deed is tailored to each property and can outline financial contributions made by each party and the proportions of their respective interests whether equal or unequal.

The deed can also outline what should happen on a subsequent sale of the property and can be as simple so as to provide that net sale proceeds are split according to a fixed percentage; it could provide that a lump sum paid by one party is returned to that party and the remaining net sale proceeds then split according to a fixed or determinable percentage or could include more complex provisions depending on the particular circumstances at hand and wishes of the parties.

If the actual intentions of the parties are not included within a Declaration of Trust then there is potential for a dispute when the property is sold. In the event that a dispute does arise, a Declaration of Trust is considered evidence of each party’s beneficial interest in the property. A Declaration of Trust can therefore prevent the potential stress, cost and uncertainty of legal proceedings.

Sometimes, there may be third parties who are not recorded as the legal owners of the property at HM Land Registry but who hold a beneficial interest in the property, for example a parent who has contributed towards the purchase price. A declaration of trust can be used to record this.