It is a dozen years since I purchased my home in Chew Magna. Conveyancing solicitors have recently been appointed on the sale but I am unable to track down my title documents. Is this a problem?
You need not be too concerned. First the deeds may be with your mortgage company or they could still be with the lawyers who oversaw the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining up to date copy of the land registers. Most conveyancing in Chew Magna involves registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
Should our solicitor be making enquiries regarding flooding during the conveyancing in Chew Magna.
Flooding is a growing risk for conveyancers carrying out conveyancing in Chew Magna. Some people will buy a house in Chew Magna, completely aware that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get 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 buyer.
Solicitors are not best placed to impart advice on flood risk, but there are a various checks that can be initiated by the purchaser or by their solicitors which can give them a better understanding of the risks in Chew Magna. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the seller to discover if the premises has ever been flooded. If flooding has previously occurred which is not disclosed by the owner, then a purchaser could bring a legal claim for losses as a result of such an incorrect reply. The buyer’s solicitors will also order an environmental search. This will indicate whether there is any known flood risk. If so, more detailed inquiries should be made.
I own a renovated Georgian house in Chew Magna. Conveyancing practitioner acted for me and The Royal Bank of Scotland. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold with the matching property. Is it worth asking The Royal Bank of Scotland to clarify?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Chew Magna and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing solicitor who conducted the work.
I decided to have a survey completed on a property in Chew Magna before retaining solicitors. I have been advised that there is a flying freehold element to the house. The surveyor has said that some banks tend not give a mortgage on this type of property.
It varies from the lender to lender. Lloyds has different requirements from Birmingham Midshires. If you contact us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Chew Magna. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Chew Magna to see if the conveyancing costs will increase in light of this.
In my capacity as executor for the will of my father I am disposing of a property in Neath but live in Chew Magna. My conveyancer (based 235 kilometers from mehas requested that I sign a statutory declaration prior to the transaction finalising. Can you recommend a conveyancing lawyer in Chew Magna who can attest and place their company stamp on the document?
Technically speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are Chew Magna based
What are your top tips when it comes to appointing a Chew Magna conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Chew Magna conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Chew Magna conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be helpful:
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How many lease extensions have they completed in Chew Magna in the last 12 months?
Leasehold Conveyancing in Chew Magna - A selection of Questions you should consider Prior to Purchasing
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Is there a share of the freehold? This information is important as a) areas may result in problems for the building as the communal areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the running of the building you will want to have all the details You should be aware that where the lease has fewer than eighty years it will affect the marketability of the property. Check with your lender that they are content with remaining years on the lease. A short lease means that you will almost definitely need a lease extension at some point and it is worth discovering how much this will be. For most Chew Magnalease extensions you would need to own the property for a couple of years in order to be legally able to carry out a lease extension.