My wife and I have recently acquired a property in Brockenhurst. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been carried out for conveyancing in Brockenhurst?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Brockenhurst. Conveyancing searches and due diligence initiated as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a form known as a SPIF. answers provided is incorrect, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Brockenhurst.
Can I use your services to recommend a Conveyancing solicitor in Brockenhurst even if I’m not purchasing or selling a house, for example if I want to acquire an office in Brockenhurst with a mortgage from Norwich and Peterborough Building Society?
The service is predominantly there to find domestic conveyancing solicitors in Brockenhurst but we have listed at the bottom of this page a few Brockenhurst commercial conveyancing firms. You will need to enquire with the solicitors directly to establish if they are also authorised to represent Norwich and Peterborough Building Society
I opted to have a survey completed on a house in Brockenhurst in advance of appointing lawyers. I have been informed that there is a flying freehold element to the house. The surveyor has said that some lenders may not issue a mortgage on this type of premises.
It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. If you contact us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Brockenhurst. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Brockenhurst to see if the conveyancing will be more expensive.
How can the Landlord & Tenant Act 1954 impact my commercial property in Brockenhurst and how can you help?
The 1954 Act provides protection to business leaseholders, giving them the right to make a request to court for a new lease and continue in occupation when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Brockenhurst
I am tempted by the attractive purchase price for a couple of maisonettes in Brockenhurst both have approximately 50 years remaining on the leases. Should I regard a short lease as a deal breaker?
There is no doubt about it. A leasehold flat in Brockenhurst is a wasting asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. For most buyers and lenders, leases with less than 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Brockenhurst conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Brockenhurst Leasehold Conveyancing - Sample of Questions you should consider before buying
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Does the lease include onerous restrictions? It is important to be aware if fixing the lift or some other major work is pending to be shared amongst the leaseholders and could well dramatically increase the the maintenance charges or require a specific invoice. It would be prudent to discover as much as possible about the company managing the building as they can either make life much simpler or problematic. As the owner of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the upkeep of the communal areas. Enquire of prospective neighbours if they are happy with them. On a final note, be sure you understand the dates that you are obliged pay the service charge to the relevant party and specifically what it includes.
Do I need to visit the offices of the mortgage company conveyancing panel solicitor to sign the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Brockenhurst so that I can pop in to their offices if required.
As opposed to twenty years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Brockenhurst.