04. What the price should include

The items normally included with a property when it is sold are often called 'fixtures and fittings'. There can be arguments over whether things like light fittings or built-in furniture should be:

  • taken away by the seller;
  • included in the sale; or
  • offered for sale separately.

If you are selling, your solicitor will normally get you to make a detailed list of what is included. This list will form part of the contract. If you are a buyer, check what is included and assume that anything not listed is not included.

If the seller takes away items that were included in the price, the buyer can ask for them back or ask for compensation.

Property boundary problems
If you are buying a property that includes land, it's important to know exactly where boundaries lie and who has responsibility for maintaining things like fences. It can be difficult to resolve any disputes later. If plans in the deeds or at the Land Registry are unclear, ask the seller to sort this out before you exchange contracts.

Buying with someone else
If you want to buy a home jointly with someone else, you should speak to a solicitor about which kind of joint ownership is best for you. There are two types of joint ownership:

  • 'Joint tenancy' is where neither of you can sell without the other's agreement (unless you are a couple who separate and a court order the sale). If one person dies, the joint owner automatically inherits the other's share. The property is normally held in equal shares.
  • 'Tenancy in common' is where each owner can sell (or give away) their share as they wish, either in their will or during their lifetime. 'Tenants in common' can have unequal shares in the property if they want.

If your relationship with your co-owner breaks down and you cannot agree who should live in the property in the short term or whether it should be sold, this may have to be decided by a court.



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