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Solicitor
Madeline qualified as a Solicitor in 2019, having started her training in the area of private client and later specialising in property with a local firm.
Madeline joined Coodes in December 2020 in our commercial property department and has a particular interest in agricultural law.
Madeline undertakes general commercial property work, comprising the sale and purchase of freehold and leasehold property, along with landlord and tenant work including lease reports.
Madeline also specialises in rural and agricultural property work, including the sale and purchase of bare land along with farm business tenancies.
Purchase of freehold unregistered grade II listed property with private drainage and unadopted access requiring further investigation. Negotiation to the draft contract was necessary in order to remove the transfer of environmental liability from the seller to our buyer client.
Sale of plot of land at auction to include taking instructions and preparing the auction pack, obtaining searches and drafting the transfer for approval by our client and their lender to consent to the granting of a right of way.
Purchase of part of freehold registered woodland subject to the English Woodland Grant Scheme, including advising our buyer client on their obligations regarding the scheme.
Advising on a mixed residential / commercial property lease renewal to include researching and obtaining complex Stamp Duty Land Tax advice.
Negotiated the lease for a property to be used as a community hub and day centre with surrounding amenity gardens and parkland for local community use. Also advised on covenants in relation to a grade II listed memorial monument on site, along with agreed works to be carried out by our client comprising a maintenance and compliance programme for the upkeep of the property, including a tree management plan.
We were instructed to act in the sale comprising a holiday let property and surrounding land. Advice from our clients’ accountant was sought in relation to the transfer of the business as a going concern, VAT election and capital allowances.
Upon investigation of the title, it was necessary to deal with a UN2 application to remove the unilateral notice in favour of a previous director. Two further charges were discharged; one during the transaction and the other on completion of the sale.
The contract required significant amendment, negotiated with the buyer’s solicitor, to include the necessary provisions to transfer the Contents, goodwill, business and assets, along with an accompanying deed of assignment of goodwill, negotiated and amended in conjunction with our corporate and commercial team. An inventory and schedule of advance bookings were also incorporated into the contract.
The transfer and plan were amended throughout the transaction and included rights reserved to our client to the services along with rights to inspect/maintain/upgrade the existing private drainage. The transferee was subject to several restrictive covenants including not erecting any building/structure on the covenant land as defined in the transfer and shown on the plan.
We were instructed to act in the purchase of two parcels of land (tenanted by our client under a farm business tenancy), along with a property, which were situated in different localities. We advised on two separate contracts for the land parcels and property, which were to be treated as linked transactions for the purposes of Stamp Duty Land Tax (SDLT). The land was subject to a mines and minerals reservation, along with a yearly rent charge for which indemnity insurance was obtained.
One of the parcels of land was also subject to an overage agreement for a period of thirty years with an uplift of 60%. Negotiation with another Solicitor instructed to act specifically in relation to the Overage was required in order to successfully remove one of the overage triggers from the deed in line with our client’s instructions. Additional access to the property via a private track also required a statement of truth and indemnity policy from the seller’s solicitor.
Further research and calculations were required for SDLT due to this constituting mixed property and being linked transactions. The necessary apportionments between the land parcels and the property were therefore calculated, along with a deferment application made to HMRC in respect of the overage. Our client requested completion prior to the October budget and so there were time pressures in achieving completion on these two linked matters.
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Madeline Dykes, Solicitor in Coodes’ Commercial Property team, outlines what you need to know if…
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