Should my conveyancer be asking questions about flooding as part of the conveyancing in Barking.
Flooding is a growing risk for lawyers dealing with homes in Barking. There are those who acquire a property in Barking, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Conveyancers are not best placed to impart advice on flood risk, however there are a numerous searches that can be undertaken by the buyer or by their solicitors which should figure out the risks in Barking. The standard information given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the vendor to find out if the premises has suffered from flooding. In the event that the residence has been flooded in past and is not revealed by the vendor, then a purchaser could issue a claim for damages as a result of such an incorrect reply. The purchaser’s conveyancers should also conduct an enviro search. This will disclose if there is any known flood risk. If so, more detailed inquiries should be initiated.
It has been five months since my purchase conveyancing in Barking took place. I have checked the Land Registry website which shows that I paid £175,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I opted to have a survey carried out on a house in Barking ahead of instructing solicitors. I have been told that there is a flying freehold overhang to the property. The surveyor has said that some banks will refuse to grant a loan on this type of house.
It depends who your proposed lender is. HSBC has different instructions for example to Birmingham Midshires. If you e-mail us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Barking. Conveyancing will be smoother if you use a solicitor in Barking especially if they are accustomed to such properties in Barking.
I am thinking of appointing a conveyancing lawyer in Barking for my home move. Is it possible to check a firm’s record with the legal regulator?
You can search for documented Solicitor Regulator Association (SRA) determinations arising from investigations from 2008 onwards. Visit Check a solicitor's record. For information Pre 2008, or to check a solicitors history, 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 telephone calls for training requirements.
My wife and I purchased a leasehold flat in Barking. Conveyancing and Virgin Money mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Barking who acted for me is not around. Do I pay?
First contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Barking conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Following months of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Barking. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a Barking conveyancing firm who can help.
An example of a Lease Extension decision for a Barking flat is 240 Strone Road in January 2014. the tribunal held that the price to be paid for the freehold interest was£23,538 of which£13,017 is attributable to the ground floor flat and £10,521 to the first floor flat. This case related to 2 flats. The unexpired term as at the valuation date was 65.5 years.
My wife and I have had DIP from Alliance & Leicester who said that they will lend up to £218k. At what point do I need to appoint a solicitor for conveyancing? Barking is where we are .
It would be wise to instruct a conveyancing practitioner now so that the solicitor can open the ledger so they can conduct their AML checks etc. As and when you wish them to commence work they will seek a payment on account usually about £225. That would normally be once you have the loan offer from your lender and valuation results, nevertheless if you wish to expedite the process you can start the ball rolling quicker albeit risking some money.