This article gives a practical, non‑technical summary of the main legal issues you will encounter when buying, selling, leasing, developing or owning real property in England and Wales. It is intended as general information only and not a substitute for tailored advice on any particular transaction. The UK branch is with the UK office team serving as UK office leadership. Checked 15 September 2026; verify current rules before relying on this article.

Types of property and title

Most land and buildings in England and Wales are either freehold (ownership of the land and any buildings) or leasehold (you own the right to occupy for a set term under a lease). The legal and practical rights attached to each vary significantly.

Registered title is the norm. The Land Registry maintains records of ownership, mortgages and certain rights affecting land. Before any purchase, a buyer’s solicitor will check title documents at the Land Registry and make enquiries about rights, restrictions and boundaries. For official information see the HM Land Registry website.

Buying and selling: the typical conveyancing process

Conveyancing normally follows these stages:

• Pre‑contract steps: searches (local authority, water/drainage, environmental), surveys and investigation of title.
• Exchange of contracts: once contracts are exchanged, the parties are legally committed and the buyer usually pays a deposit.
• Completion: ownership transfers, remaining purchase money is paid, and the buyer’s title is registered.

Timelines, deposit rules and contract terms vary in practice. Conditional or complex transactions (for example subject to planning permission or finance) require careful drafting. Parties commonly use solicitor or conveyancer services to manage these steps and to handle stamp duty land tax considerations.

Leases and landlord/tenant law

Leases can range from short assured tenancies to long commercial leases. Key issues include rent, repair obligations, service charges, assignment and subletting, and break or renewal rights.

Residential tenants have specific statutory protections (for example rules governing deposit protection and eviction procedures) that do not always apply to commercial tenants. Commercial leases are largely contractual and often involve negotiation of detailed landlord and tenant obligations.

Planning, permitted development and building control

Planning permission is required for most changes of use and many building works. Local planning authorities decide most applications but larger or disputed matters may go before the Planning Inspectorate on appeal. For national guidance, see the Planning Inspectorate.

Separately, building regulations ensure that building work meets minimum standards for safety and energy efficiency. Developers and owner‑occupiers should ensure planning and building control approvals are obtained where required, and that any conditions attached to permissions are complied with.

Construction and development contracts

Construction projects commonly use well‑known forms of contract (for example JCT or NEC contracts). Key legal issues include contract scope, variations, programme and delay, payment mechanisms (including statutory retention and adjudication rights), defects liability and warranties from contractors and professionals.

Adjudication provides a rapid dispute resolution route for construction payment disputes; parties remain free to pursue arbitration or litigation for final resolution. Professional negligence claims against architects, engineers or surveyors often hinge on scope of appointment, limitation periods and expert evidence on standards of care.

Common title, boundary and occupation disputes

Disputes can arise over boundaries, rights of way (easements), restrictive covenants and adverse possession. Many title issues are resolved by negotiation and, where necessary, court proceedings. Adverse possession claims and enforcement of covenants have specific legal tests and timeframes.

Practical considerations

• Use an experienced conveyancer or solicitor early. They will check Land Registry title, advise on searches and identify practical risks.
• Obtain an appropriate survey. A mortgage valuation is not a substitute for a structural or building survey.
• Check planning history and any conditions attached to existing permissions. Confirm whether works require building regulation approval.
• For leasehold purchases, review service charge arrangements, ground rent terms and the lease length. Lease extension and enfranchisement issues can materially affect value.
• Factor in time and cost of resolving boundary disputes or evidence of unregistered rights.
• If developing, make sure contracts allocate risk on programme, variations and defective work; consider obtaining professional warranties and insurance where appropriate.
• Budget for tax and charges: stamp duty land tax, VAT issues on development, and potential liabilities on disposal.

Resolving disputes

Common dispute resolution routes include negotiation, mediation, adjudication (in construction), arbitration and litigation. The choice depends on the dispute type, contract provisions and the need for speed versus finality. Early dispute risk analysis and preservation of evidence will usually improve outcomes.

When to involve a barrister or solicitor

Complex transactions, high‑value disputes, or matters requiring court or tribunal representation should involve qualified legal professionals. The UK branch is with the UK office team serving as UK office leadership and can guide when specialist advocacy or higher‑court work may be needed. This article does not replace tailored legal advice.

Jurisdiction note

This article is written for England and Wales. Property law differs in Scotland and Northern Ireland. In Scotland, property law uses different systems (eg, land registration and lease terminology) and processes for land, planning and conveyancing; in Northern Ireland there are separate statutory regimes and registries. If you are dealing with property in Scotland or Northern Ireland obtain advice specific to that jurisdiction.

Sources and approvals

• HM Land Registry — registration, title and official guidance.
• Planning Inspectorate — appeals and national planning procedures.

Checked 15 September 2026; verify current rules before relying on this article.

General information only; not legal advice and not a substitute for advice on a particular matter.