My partner and I have lately acquired a property in Burnage. We have since encountered a number of problems with the house which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered for conveyancing in Burnage?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Burnage. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a seller fills in a document known as a SPIF. If the information is misleading, you may have a misrepresentation claim against the seller 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 Burnage.
I am looking to buy a property and require a conveyancing solicitor in Burnage who is on the Leeds Building Society approved. Could you point me in the right direction as regards a conveyancing firm?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Leeds Building Society in certain locations such as Burnage. We dont recommend any particular firm.
I am the single recipient of my late father’s will with all property in now in my sole name, including the house in Burnage. Conveyancing formalities meant that the Land Registry date was in December. I want to move. I do know about the CML 6 month 'rule', which means that my property ownership will be treated the same way as if I'd bought the house in December. Do I have to wait 6 months to sell?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How practical a view banks take of it, depend on the mortgage company as this provision principally exists to capture the purchase and immediately sell or the wholesaling and assigning of property.
My husband and I have arranged the release of further funds on our mortgage from HSBC as we want to conduct improvements to our property in Burnage. Do we need to select a local Burnage solicitor on the HSBC conveyancing panel to handle the legals?
HSBC don't usually appoint a member of their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the HSBC conveyancing panel.
I have paid off my mortgage with Co-operative. I assume I don't need a Burnage lawyer on the Co-operative panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
I note that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a property in Burnage? or I am told that there is a law dating back centuries that means some house owners living in a parish church boundary will be compelled to pay for maintenance towards the chancel within the church. Is this applicable for conveyancing in Burnage?
Unless a prior acquisition of the house took place after 12 October 2013 you can expect conveyancing practitioners carrying out conveyancing in Burnage to remain encouraging a chancel search and or chancel repair liability policy.
Over the last few months I have been searching for a ground for flat up to £235,500 and identified one round the corner in Burnage I like with amenity areas and railway links in the vicinity, however it's only got 51 remaining years left on the lease. There is not much else in Burnage for this price, so just wondered if I would be making a grave error buying a short lease?
If you require a mortgage the shortness of the lease will be an issue. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the current owner has owned the premises for at least twenty four months you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease with a zero ground rent applied. You should consult your conveyancing lawyer concerning this matter.
Why do I have to send my lawyer with numerous items of identification before I can proceed with selling or purchasing a property in Burnage?
Burnage conveyancing practitioners are required by the Law Society, Solicitors Regulation Authority, the Land Registry and current Money Laundering Regulations to certify that the have checked the identity of their clients. It will also be a condition of your mortgage offer. Furthermore they have to complete various forms, particularly those relating to SDLT and need to have details such as your full names, NI number and date of birth.