Our nephew is buying a house that has just been built in Ashford with a home loan from RBS. His lawyer has said that there is a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the RBS conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the RBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I have been told that property searches are the main cause of hinderance in Ashford conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the determinations of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances in the conveyancing process. Searches are unlikely to be the root cause of holding up conveyancing in Ashford.
Are there restrictive covenants that are commonly picked up during conveyancing in Ashford?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Ashford. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
In what way can the Landlord & Tenant Act 1954 impact my commercial premises in Ashford and how can you help?
The particular law that you refer to provides security of tenure to commercial leaseholders, giving them the a statutory right to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Ashford is one of the hundreds of areas of the UK in which our lawyers are based
I am thinking of appointing a conveyancing solicitor in Ashford for my home move. Is it possible to check a firm’s complaints history with the legal regulator?
One may search for published Solicitor Regulator Association (SRA) decisions stemming from investigations from 2008 onwards. Go to Check a solicitor's record. To find records Pre 2008, or to check a solicitors record, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The regulator may recorded call for training requirements.
The estate agent has suggested using their solicitor for our conveyancing in Ashford - Is it not simpler advisable to just use them?
It is not always the case and you are free to opt for whichever solicitor of your choosing for your Ashford home move. The conveyancer suggested by a 3rd party adviser may not necessarily be the best property lawyer, they may suggest their own conveyancing firm who are based remotely. In this instance you may not have contact with your solicitor and due to the lack of continuity in the transaction, it may be difficult to obtain updates.