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Fosters Solicitors

Business Premises Solicitors

How we can help

Our Commercial Property team are experts in helping you secure and sell your commercial premises, as well as providing services surrounding licensed and franchised properties.

We have a wealth of experience and knowledge in supporting organisations of all sizes with all their commercial property needs – acting for a broad client base of developers, professional landlords and lenders in a wide variety of matters.

Your commercial property experts

Our expert property lawyers provide comprehensive advice in all aspects of buying and selling business premises – including helping our clients prepare sale contracts, negotiating and agreeing terms and undertaking the necessary searches on the buyer or seller.

We act for organisations of all sizes, from a sole trader looking to move to larger premises, to large companies or partnerships wanting to dispose of their property portfolio.

How we can help

We have a wealth of experience and knowledge in supporting businesses and investors with all their property sale and purchase needs, including:

  • Providing expert legal services to commercial property investors looking to purchase property in order to generate a rental income as part of a portfolio.
  • Working with clients’ accountants to ensure that any commercial property sale is structured in accordance with their advice for tax efficiency.
  • Preparing the contract for sale and helping to complete the replies to the commercial enquiries that are likely to be raised by the buyer’s legal advisors.
  • Contacting a lender in order to understand their requirements for the release of the property to be sold from any charge that they may have over it.
  • Advising in transactions where the land is purchased immediately, or where an option agreement or conditional contract is entered into if a transaction is to proceed at a later date.
  • Preparing the Stamp Duty Land Tax return on the client’s behalf, in accordance with their instructions and if necessary, liaising with their accountant.

Whatever your business premises requirements please do get in touch and see how we can help.

Supporting your franchised property needs

If you are a franchisor or franchisee looking to take on new business premises, we can look to provide clear and targeted advice specific to franchise matters, as well as usual matters, including:

  • Liaising with a landlord on behalf of either franchisee or franchisor to make specific arrangements.
  • Drafting provisions to allow for smooth transfers of lease arrangements if circumstances should change for the franchisee.
  • Advising either the franchisee or franchisor about their obligations under a lease and the ways in which these can transfer depending on circumstances.
  • Advising on any guarantee and/or deposit arrangement required by a landlord. 

Supporting you and your business

For clients owning pubs, bars, or restaurants, we can assist them in transferring their premises licence to their buyer or tenant, or alternatively we can acquire an existing premises licence when acting for a buyer or tenant.

Helping you negotiate and draft agreements

Increasingly, we see our clients looking to realise some of the value in their land by negotiating with local or national developers. There are varying types of agreement which can be made with the developer to purchase the land, should they be able to obtain appropriate planning permission to develop, whilst protecting your interest to the increase in value.

How we can help

Our team are experienced in drafting, reviewing and negotiating the following:

  • Conditional contracts (where the buyer is bound to purchase the property on receipt of acceptable planning permission).
  • Option agreements (where the buyer has an exclusive option to buy the land for a certain period of time).
  • Overage agreements (where the seller has a right to a certain proportion of the increase in value of the land sold in the future).

We will also liaise with agents and valuers to ensure that any deal entered into is both legally binding and commercially appropriate.

Secure ownership of your property

You must register land or property if you have purchased, mortgaged, inherited, been gifted, or exchanged it. This is part of the conveyancing process.

If your property is unregistered because it was owned before compulsory registration in your area and there has been no disposition since, we can assist you in voluntary registration.

About 15% of land in England and Wales is unregistered. HM Land Registry aims to have all properties registered by 2030.

Registering your property publishes your ownership, legal title matters, price paid, and property boundaries. The record will include future ownership changes, overages, mortgages, easements, or leases.

Why should I register my property?

Registration secures ownership of your property or land, protecting you against fraud, adverse possession (someone claiming rights over your property) and making it easier for you to sell or give away your title in the future.

Once your email is registered with HM Land Registry they can send you an email alert each time there is significant activity on the property you are monitoring, such as if a new mortgage has been taken out against the property.

Peace of mind for you and your loved ones – Registration prevents losing/misplacing your deeds to the property which can then result in you holding no evidence of who owns the property. This is also important if you have to sell a property on behalf of a relative who no longer has capacity or after a bereavement.

Digital access – All information is held electronically at HM Land Registry and is instantly downloadable once the registration has been completed.

Speed up the selling of your property – Registration makes the sale smoother and prevents the need for additional enquiries and delay.

Insure against future costs – If any deeds are missing from the title documents this can be highlighted immediately and an indemnity policy can be put in place, so when you come to sell the property the issue has been addressed.

How We Can Help

We can help you secure ownership of your property or land – our experts can assist with first registrations and can also help those prove ownership where deeds have been lost and where voluntary registration is required.

We can also advise in relation to registered titles where land appears to be missing or otherwise incorrectly registered, which will allow you to perfect your title.

Whether you require assistance with your home, business premises, or a plot of land – our property experts can help you though the first registration process.

Supporting you and your business

By establishing your objectives from the outset, we can provide tailored and practical advice, ensuring that our guidance aligns seamlessly with your unique goals and needs. This approach allows us to address specific challenges and opportunities, enabling you to make informed decisions and implement effective strategies. Meanwhile, you can continue to focus on your core business operations, confident in the knowledge that you have a trusted partner supporting your growth and success every step of the way.

Business Premises Solicitors

Our Commercial Property team comprises seasoned experts dedicated to providing top-tier legal services tailored to your business needs. With extensive experience in handling a wide range of commercial property transactions, our team is equipped to support clients in every aspect of property law.