As 2026 rolls on, the residential property market finds itself at an important juncture. Following several years marked by fluctuating activity, shifting consumer sentiment and operational pressure across the transaction pipeline, one priority is now shared across professionals: the need for greater certainty in property transactions.
This theme sits at the centre of Landmark’s latest webinar, Residential property market: Key trends that will shape 2026, and the accompanying cross‑market report, An industry aligned: Moving towards certainty. Together, they draw on insights from our property trends data, transaction milestone data and the latest market and consumer research, offering a comprehensive view of the market’s trajectory and the practical steps needed to improve transaction outcomes.
A mixed picture for the property market in 2025
The market in England and Wales experienced a mixed picture throughout 2025. Listing activity remained comparatively resilient in the first half of the year before softening in the second half as uncertainty surrounding potential fiscal changes in the lead up to the Autumn Budget tempered momentum. SSTC volumes mirrored this pattern, with Q4 highlighting the sensitivity of the market to wider economic sentiment.
Conveyancing activity reflected similar fluctuations. The completion surge driven by the Stamp Duty (SDLT) deadline – and subsequent dip – followed by the autumn slowdown illustrated the operational unpredictability many conveyancing firms had to absorb over the course of the year. These fluctuations did not halt the market, but they made the process less predictable for both professionals and consumers alike.
Understanding the expectation gap
One of the clearest findings from the new report is the gap between consumer expectations and the reality of transaction times. While the average instruction‑to‑completion figure stands at 123 days (17.6 weeks), the latest consumer ideal is actually 6.78 weeks.
This gap has a direct impact on satisfaction, communication pressure and fall‑through risk. Yet, as our panellists discussed, consumers are increasingly open to reform. Not only are they willing to instruct a conveyancer earlier for faster outcomes, but they are also open to paying agents and conveyancers upfront for services that promote transparency, speed and efficiency.
Scotland provides a stable comparative model
Against the wider backdrop of volatility in England and Wales, Scotland’s market delivered greater consistency in 2025. Modest year‑on‑year increases across listings, Sold Subject to Missives (SSTMs) and completions reflect a more predictable and stable operational environment – one strengthened by established expectations around upfront information.
Discussions during the webinar highlighted that several practical elements of the Scottish model could be adopted within England and Wales without waiting for legislative intervention, such as surfacing trusted upfront information earlier in the process. Across most key metrics, the Scottish transactional process is more efficient, offering a proven comparative model.
A shared direction for 2026
Across estate agents, conveyancers, lenders and wider stakeholders, one message from the webinar was consistent: the industry is aligned on the need to bring greater certainty of property transactions completing. Early data, improved sequencing, consistent communication and shared responsibility for the consumer education process are central to this premise.
As Rob Gurney, Managing Director at Ochresoft, put it: “If the average home seller doesn’t know that there are benefits from instructing their lawyer at the point of listing or even earlier, then they’re not going to. They need to be told. My plea to the industry is: let’s try and educate the home-moving public of the virtues of getting a lawyer instructed earlier.”
To explore these trends in depth, including detailed analysis from our panel and a walkthrough of the data that shaped last year and informs 2026, you can now watch the webinar on‑demand. It is designed for professionals across the property, legal and lending sectors who are seeking a clearer understanding of the forces shaping the residential property market in 2026.
Alongside the webinar, the full cross‑market report – An industry aligned: Moving towards certainty – is also available to download. Together, they provide data proof points and a consolidated view of consumer expectations, operational performance and the actions that can help the industry deliver more certain, confident transactions this year.
Road and rail schemes are the big‑ticket cousins of local traffic measures – larger, louder, and often involving more high‑vis jackets than you previously thought existed.
They shape regions, unlock development, change commuting habits and, yes, absolutely influence property decisions. Whether it’s a new bypass, a station upgrade, a rail electrification project or a proposed new line, these schemes have a long reach and an even longer timeline.
For conveyancers and agents, they can be both a red flag and a green light… sometimes at the same time. Understanding what they are, where they’re happening and how they show up in searches helps clients make confident decisions rather than panicked ones.
What Counts as a Road or Rail Scheme?
Road and rail schemes range from modest junction improvements to full‑blown trunk‑road realignments or new rail infrastructure. They often fall into one of these categories:
Major road upgrades
Think bypasses, dual‑carriageway expansions, bridges, tunnel works or major roundabout replacements. The kind of projects that seem to take years but promise smoother journeys once the cones finally disappear.
Public transport improvements
New busways, priority lanes, park‑and‑ride hubs or integrated transport corridors. Great for commuters; slightly less great for anyone who fears their favourite shortcut might be downgraded.
Rail enhancements
This includes everything from station refurbishments to new interchanges, electrification works, freight lines or entirely new passenger routes. These projects can transform travel patterns and increase local demand – or temporarily create dust, noise and diversions.
Strategic national projects
Schemes like high‑speed rail, major corridor upgrades or regional road investment plans. These come with complex consultation stages and very long timeframes, so their future impact on development, noise, traffic and connectivity is a recurring conversation in conveyancing.
Where Do These Schemes Appear in Searches?
Road and rail schemes normally crop up in:
- Local Authority planning data
- CON29 enquiries
- Transport safeguarding maps
- National infrastructure designations
- Environmental search products
- Public consultation notices
- Local Development Plans
Sometimes they show up clearly. Sometimes they show up in that “yes, technically it’s nearby” sort of way: which is why interpretation matters.
Buyers often want to know whether a new road will improve access or bring extra noise, whether a railway upgrade will shorten commute times or involve night‑time engineering works, or whether safeguarded land affects future development potential.
Why Road and Rail Schemes Matter in Property
These schemes can affect:
- Journey times (for better or worse)
- Noise and vibration levels
- Air quality
- Connectivity and access
- Construction disruption
- Future desirability and value
- Development opportunities
A new station can revitalise an area. A new bypass can calm a village. A major widening scheme might bring temporary chaos but long‑term benefits. And occasionally, a proposal might raise eyebrows and lead buyers to rethink (or renegotiate).
Road and rail schemes aren’t just lines on maps or announcements in council newsletters – they’re clues to how an area is evolving. For clients, these projects can feel either exciting or intimidating, depending on how they’re explained. Taking a moment to walk them through what’s planned, what stage it’s at, and what it might mean day‑to‑day can turn confusion into clarity.
Handled early, these schemes become part of the wider story of the property rather than a late‑stage curveball. Think of them as the “coming soon” trailer for the neighbourhood: sometimes dramatic, sometimes understated, but always worth your attention. Spot them early, translate them simply, and you’ll help clients picture not just the home they’re buying – but the future that comes with it.
Restrictive covenants are one of the most common – and often most misunderstood – features of property titles. They can limit how land is used, what can be built, and even how a property looks or operates.
Buyers rarely know they exist until the conveyancer brings them up, and even then, the implications can feel unclear. This short guide explains what restrictive covenants are, why they matter, and how to help clients understand their rights and responsibilities when one appears in the title.
What Are Restrictive Covenants?
A restrictive covenant is a legally binding promise that limits the way land can be used. Typical examples include not building more than one dwelling on a plot, not running a business from the home, maintaining open land, controlling the style of extensions, or preventing nuisances such as noise or parking. These covenants are usually historic – some dating back decades or even early twentieth‑century estate developments – and they “run with the land”, meaning they bind future owners even if they weren’t the original parties to the agreement.
Why Do They Exist?
Restrictive covenants were traditionally used by landowners and developers to control the appearance, density or character of an estate. They were also used to protect adjoining land retained by a seller. While some covenants now feel outdated, many still serve a purpose: preserving amenity, preventing overdevelopment, or maintaining coherent design. Even very old covenants can remain enforceable if they still benefit identifiable land.
How Do Restrictive Covenants Appear in Searches and Titles?
Covenants are usually set out in the Charges Register of the title. They often refer to older deeds or conveyances that contain the full wording, and these may appear in the documents list of search results. Sometimes the covenant wording is brief; sometimes it is detailed and lengthy, with specific schedules of restrictions. Search results may also reveal indemnity policies put in place by previous owners to cover the risk of breach. In more complex chains, planning history or local authority enquiries may hint at covenants that have influenced past applications. Lenders are increasingly attentive to covenant breaches – recent lender communications emphasise the need for clarity, timelines of breaches and potential enforcement risk when reporting them.
What Happens If a Covenant Has Been Breached?
Old breaches are common: a shed built decades ago, a business run from home, or a historical extension that didn’t comply with restrictions. The risk depends on who has the benefit of the covenant and whether anyone is likely to enforce it. If a breach is longstanding, with no complaints or objections, risk may be low. In other cases, indemnity insurance offers a practical solution, provided no one has contacted the covenant holder or sought consent. Where a client wishes to build something new that contradicts an existing covenant, they may need to seek a release, variation, or formal consent… all of which take time and may not be guaranteed.
When Do Restrictive Covenants Cause Real‑World Problems?
They become significant when buyers want to extend, alter, or change the use of the property. A covenant might prevent additional buildings, restrict commercial activity, limit subdivision of the land, or dictate the appearance of extensions. Even if planning permission would be granted, a restrictive covenant may still prohibit the work. Covenants also matter for developers purchasing residential plots, and for homeowners in characterful estates where original developer restrictions still apply. Clients should also know that neighbours or management bodies can still enforce covenants that benefit their land.
What Should Conveyancers Flag Early?
It helps to highlight: the exact wording of the covenant; whether it benefits identifiable neighbouring land; whether there are signs of past breaches; whether the buyer’s intended use conflicts with the restriction; and whether enforcement risk is theoretical, low, or realistic. If indemnity insurance is appropriate, clarify what it does and doesn’t cover. If a developer, landlord or management company is still active, buyers should be aware that enforcement may be more proactive.
Can Restrictive Covenants Be Removed or Changed?
There are legal routes to modify or discharge covenants, but they can be slow, costly and uncertain. Formal applications can be made to the Upper Tribunal, but the burden of proof lies heavily on the applicant, and success depends on demonstrating that the covenant is obsolete, overly restrictive, or impedes reasonable use without benefiting neighbours. Most homeowners prefer either to comply, seek consent, or use indemnity insurance for historic issues.
Restrictive covenants shape what can be done with property long after the original parties are gone. They aren’t always deal‑breakers, but they deserve careful attention. By helping clients understand what the covenant says, who it protects, whether it has been breached, and what options exist if it conflicts with their plans, conveyancers can give buyers the clarity they need to proceed confidently and avoid unexpected obstacles later.
Flood risk is one of the most important environmental considerations in any property transaction. It affects insurance, mortgageability, future development, and sometimes the long‑term comfort of simply living in the home.
Yet many clients only think about flooding in terms of rivers bursting their banks, when the real picture is far broader and more nuanced. This short guide explains the different types of flood risk, how they appear in searches, and what buyers should be thinking about before committing to a purchase.
What Do We Mean by Flood Risk?
Flood risk describes the likelihood of water affecting a property from a variety of sources. River and coastal flooding are the most well‑known, but surface water flooding, groundwater flooding, overloaded drains, failing infrastructure and even blocked culverts can all pose significant hazards. Modern environmental searches draw from national mapping, historic incidents and modelling to assess the level of risk for a specific location, but risk varies over time based on weather, land use and climate patterns.
Types of Flooding Clients Should Understand
There are several categories buyers should be aware of.
- River flooding occurs when rivers overflow their banks after heavy or prolonged rainfall.
- Coastal flooding occurs in low‑lying coastal areas during storms or high tides.
- Surface water flooding happens when rain cannot drain away quickly enough, often following intense downpours.
- Groundwater flooding arises where water tables rise and seep into basements or low‑lying land.
- Sewer flooding happens when drainage systems are overwhelmed or blocked.
Each behaves differently, appears in different map layers and may have different implications for insurance and property use.
How Does Flood Risk Appear in Searches?
Environmental searches typically highlight: flood zone classifications; surface water risk mapping; historic flood events; proximity to rivers, coastlines or flood defences; risk from reservoirs or canals; groundwater susceptibility; sewer flooding history; and whether the site is subject to flood alerts or warnings. Planning records may also contain flood‑related conditions, such as requirements for flood‑resilient construction, finishes, or safe access and escape routes. Together, these elements help conveyancers interpret whether the risk is theoretical, low‑level, or something that warrants further investigation.
What Should Buyers Be Aware Of?
Clients should understand that “flood zone” does not always equate to insurance difficulty — some high‑zone areas have excellent defences, while some low‑zone areas flood because of poor surface water drainage. Insurance is often the most practical lens: can the buyer obtain cover at a reasonable cost and on standard terms? Lenders may also want reassurance that insurance is available. Buyers planning extensions or significant alterations should note that high‑risk areas may require a Flood Risk Assessment as part of a planning application, and may face stricter design and mitigation requirements.
What About New‑Build Developments?
New‑build homes in flood‑prone areas often include engineering measures such as raised floor levels, flood‑resilient materials, sustainable drainage systems (SuDS) and attenuation features designed to slow or store rainwater. While these are generally positive, they sometimes come with management charges or long‑term maintenance requirements. Buyers should understand the purpose of any on‑site ponds, tanks or swales, who maintains them, and whether they impose any restrictions on landscaping or construction.
How Should Conveyancers Advise on Flood Risk?
The best approach is to take search results seriously but calmly. Many flagged risks simply warrant extra checks or insurance confirmations rather than derailing the transaction. Conveyancers should recommend that clients: review insurance availability early; consider a specialist flood risk report if search results indicate medium or high risk; understand the history of the property, including any known flood incidents; and, where relevant, obtain clarity from the seller about any mitigation measures already in place. Clients should also know that flood risk can affect resale value and buyer perception.
Flood risk is complex, but manageable with the right guidance. By explaining the different types of flooding, helping clients interpret search results, and encouraging early insurance checks, conveyancers can give buyers confidence and clarity.
In many cases, the presence of flood risk is a sign to gather more information – not a reason to walk away. What matters most is understanding the level of risk, how it affects the property, and what steps can be taken to minimise it now and in the future.
Drainage and sewerage might not be the most glamorous part of a property transaction, but they’re among the most important. Poor drainage, private sewers, adoption issues or hidden liabilities can all create unexpected cost and risk for buyers.
Whether a client is purchasing a new‑build home, an older property, or land for development, understanding how water leaves the site – and who’s responsible for it – is essential. This tea break read explains what drainage and sewerage constraints are, how they show up in searches, and the issues conveyancers should flag before exchange.
What Do We Mean by Drainage & Sewerage Constraints?
Every property needs safe, reliable systems for removing foul water and dealing with surface water run‑off. Constraints arise when these systems are ageing, inadequately designed, privately maintained, or governed by adoption agreements that haven’t yet been completed. They also crop up where sustainable drainage systems (SuDS) have been introduced, where drainage easements cross the land, or where historic infrastructure limits what owners can build above or near the pipes. These constraints don’t always prevent a purchase, but knowing about them early helps clients make informed, confident decisions.
Who Owns and Maintains the Drains?
Ownership is rarely obvious to clients. Some drainage systems are fully adopted and maintained by the water authority. Others include private drains or shared sewers that run beneath multiple properties.
In older areas, pipes may be a patchwork of different ages, materials and ownership arrangements. Where private drains exist, the responsibility for repair, access, and replacement can fall on the homeowner – sometimes jointly with neighbours. Newer estates may have sewers still awaiting adoption under Section 104 agreements, meaning buyers could become temporarily responsible for maintenance until adoption completes.
Surface Water vs Foul Water: Why the Distinction Matters
It’s important for clients to understand the difference. Foul water deals with waste from kitchens, bathrooms and appliances, whereas surface water manages rainwater run‑off from roofs, paving and gardens. Not all properties have separate systems. In some locations, surface water drains into combined sewers; in others, SuDS features like soakaways, attenuation tanks or permeable paving absorb rainfall on site. Misconnections (where surface water is wrongly plumbed into foul sewers or vice versa) can trigger enforcement action, flood risks and expensive repair work. Buyers need to know what system they are inheriting and whether it’s compliant.
How Do Drainage Constraints Appear in Searches?
Drainage issues can show up across several parts of the search pack, and often it’s the combination of clues – rather than a single definitive entry – that gives the clearest picture. Drainage and water searches typically highlight:
- Whether the property is connected to public foul water sewers
- Whether it is connected to public surface water systems
- The location and route of public sewers within or close to the boundary
- Any public sewer easements affecting the land
- Whether drains or sewers cross private gardens or driveways
- If the property relies on a pumping station or shared private infrastructure
- The presence of any private drains for which the homeowner will be responsible
- Whether surface water drains into the public network or to SuDS features (e.g., soakaways, attenuation tanks, swales)
- Outstanding or incomplete sewer adoption agreements (e.g., Section 104)
- Any drainage scheme charges or historic drainage notices recorded locally
Together, these markers help conveyancers assess risk, highlight potential liabilities, and plan necessary follow‑up enquiries.
For an added layer of reassurance, OneSearch DW combines water and drainage data with additional property‑level intelligence to provide a more complete view than standard drainage searches alone. It gives buyers clearer insight into sewer location, connection type, private/shared drainage responsibilities, and any constraints that may affect extensions or future works.
It’s an easy recommendation for clients purchasing older homes, properties on new estates with incomplete adoption, or anywhere drainage has been flagged as a potential concern. A small upgrade can often prevent a much larger cost later.
What Issues Should Buyers Be Aware Of?
Key risks include private sewers requiring shared maintenance; building restrictions near or over underground pipes; increased costs for repairs where infrastructure runs through a large garden or driveway; unfinished road and sewer adoption on new estates; soakaways or SuDS features needing ongoing maintenance; and surface water run‑off issues that could contribute to localised flooding. For buyers planning extensions or outbuildings, drainage constraints may dictate where foundations can go or whether diversion of a sewer is needed — which can significantly increase project costs.
What About New‑Build Developments?
On modern estates, sewers are often awaiting adoption, and the timing can be uncertain. If adoption under a Section 104 agreement is delayed, residents may temporarily be responsible for maintenance. Surface water management on new developments increasingly relies on SuDS — ponds, swales, basins, underground tanks — which may be managed by private companies, management companies or the local authority. Buyers should know who maintains these assets and what charges apply.
Insurance, Lending and Practical Considerations
Drainage issues can influence insurance premiums, particularly in areas with a history of sewer flooding or surface water flooding. Lenders may also raise enquiries if private drainage is involved or if searches flag unresolved adoption questions. Clients should be encouraged to provide insurers with accurate drainage information early to avoid later complications.
Drainage and sewerage constraints may sit below the surface – literally and figuratively – but they play a major role in how a property functions, what it costs to maintain, and what a buyer can build in future. By helping clients understand who owns the drains, what the searches reveal, and any limitations that might affect development or maintenance, conveyancers can reduce surprises and keep transactions running smoothly.
Commons registration and village green rights are some of the most powerful (and often most surprising) constraints a buyer can encounter. They can restrict development, dictate long‑established public access, and even prevent routine changes to land use.
Yet many clients only hear about them for the first time during conveyancing. This short guide explains what commons and village greens are, how they’re recorded, and why they matter for property transactions of all kinds.
What Are Common Land and Village Greens?
Common land refers to land over which certain people – historically “commoners” – hold traditional rights, such as grazing or collecting wood. Village greens are areas traditionally used by local communities for recreation, sports, dog walking or community events. Both types of land are legally protected and cannot be developed or enclosed without specific statutory processes. Even where the land looks unremarkable on the ground, registration as common land or as a village green has a powerful legal effect that can override private ownership ambitions.
How Are They Registered?
Since the 1960s, local authorities have kept statutory registers of common land and town or village greens. These registers record the exact boundary of the land, ownership details (where known), and any rights that exist over it. Registration provides certainty: once land is registered, those public rights are exceptionally difficult to remove. Importantly, registration doesn’t always mean the land is large or well‑known – small pockets, verges, and strips of seemingly unused land can all be listed, and these are often the ones that catch buyers unaware.
Why Does This Matter in Conveyancing?
Registration can have major implications for current and future use. A buyer cannot simply fence off, build on, change or resurface registered land. Stopping up rights of access is extremely difficult. Where a property includes – or abuts – a piece of registered common or village green, that status can have a direct impact on garden extensions, driveways, parking, landscaping, access improvements and development value. Even where the registered land is not being purchased, if it lies adjacent to the boundary, it can limit what the buyer may do and may affect saleability later.
How Do These Appear in Searches?
Local Authority Searches can reveal whether the land being purchased is registered as common land or a village green. However, the search result may only show entries for the land itself, not neighbouring land. This means buyers may still be affected by rights over nearby land even if the register doesn’t flag a direct charge. Planning history can also hint at these issues, especially where previous applications have been refused or restricted due to community use, public access, or longstanding recreational rights. Conveyancers should pay particular attention to boundary plans and any areas used informally by local residents.
What Risks Should Buyers Be Aware Of?
Buyers may unintentionally assume they can improve access, add parking, extend into a side garden, or incorporate an adjoining strip into their title, only to later discover the land is protected. Owners who obstruct or interfere with common land or village green rights may face enforcement action, criminal penalties, or civil challenges. Even if a buyer has no immediate development plans, the presence of registered land nearby can influence valuation, lender comfort and future marketability. It’s also worth noting that local communities can apply to register new village greens, sometimes triggered when land is threatened by development.
Can Registration Be Removed or Changed?
In practice, deregistering land or removing village green status is extremely difficult. There are narrow statutory procedures, but they usually require offering replacement land or proving that the land was wrongly registered. For most homeowners and small developers, these routes are neither simple nor quick. This is why early identification is crucial: buyers need to know how the land is designated before they rely on being able to alter it.
Commons registration and village green rights are powerful legal protections that can significantly influence what a buyer can do with land now and in the future. They can appear in unexpected places and come with consequences that aren’t always obvious at first glance.
By checking the registers early, reviewing boundary detail carefully, and helping clients understand the limits these designations impose, conveyancers can prevent misunderstandings and ensure plans remain realistic from day one.