Last October we completed a house move in Caddington. We have noticed several problems with the property which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Caddington?
The question is not clear as what problems have arisen and if they are specific to conveyancing in Caddington. Conveyancing searches and investigations initiated as part of 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 referred to as a Seller’s Property Information Form. If the information turns out to be 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 Caddington.
Are the BSA planning on creating a search tool with a view to list solicitors on the Coventry BS conveyancing panel for example in Caddington?
We have not been informed any plans on the part of the BSA to promote such a tool.
Various internet forums that I have come across warn that are the primary reason for delay in Caddington house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) published determinations of a review by MoveWithUs that conveyancing searches do not figure within the most frequent causes of delays in the conveyancing process. Local searches are unlikely to be the root cause of delay in conveyancing in Caddington.
Are there restrictive covenants that are commonly picked up during conveyancing in Caddington?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Caddington. 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…’
I have been on the look out for a ground for flat up to £245,000 and found one close by in Caddington I like with a park and station in the vicinity, the downside is that it's only got 61 remaining years left on the lease. I can't really find anything else in Caddington suitable, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you need a home loan the shortness of the lease will be problematic. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for a minimum of twenty four months you could request that they commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor regarding this matter.
Is it best to instruct a Caddington conveyancing lawyer who is local to the property I am hoping to buy? An old friend can conduct the legal work but her office is approximately 350kilometers drive away.
The benefit of a high street Caddington conveyancing practice is that you can drop in to execute paperwork, present your identification documents and pester them if necessary. They will also have local knowledge which is a bonus. That being said nothing is more important than finding someone that will pull out all the stops for you. If other friends have instructed your friend and on the whole were happy that should outweigh using an unknown Caddington conveyancing lawyer solely due to them being local.