Last January we completed a house move in Cranbrook. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been ordered as part of conveyancing in Cranbrook?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Cranbrook. Conveyancing searches and due diligence undertaken during the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor fills in a form referred to as a SPIF. If the information proves to be inaccurate, you could possibly take legal action against the owner 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 Cranbrook.
It is a dozen years since I bought my home in Cranbrook. Conveyancing solicitors have recently been retained on the sale but I am unable to locate my title deeds. Is this a major issue?
Don’t worry too much. First there is a chance that the deeds will be with the mortgage company or they could still be with the solicitor who oversaw your purchase. Secondly the likelihood is that the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in Cranbrook involves registered property but in the unlikely event that your property is not registered it is more of a problem but is resolvable.
We hope to to purchase with Coventry BS. I went into a few high street practices yet am unable to find a Cranbrook conveyancing firm on the Coventry BS approved list. Please you assist?
Please do take advantage of the find a conveyancing panel solicitor tool on this site. Pick the mortgage company and type Cranbrook or your location and you will discover numerous conveyancers located in Cranbrook or near you.
Me and my brother own a terraced Victorian house in Cranbrook. Conveyancing lawyer represented me and Godiva Mortgages Ltd. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be 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 Cranbrook and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with your conveyancing lawyer who conducted the work.
Just had an offer accepted on a new build flat in Cranbrook. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Cranbrook
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Please confirm the Lease plans are architect prepared. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Due to the guidance of my in-laws I had a survey completed on a house in Cranbrook before instructing solicitors. I have been informed that there is a flying freehold element to the property. My surveyor has said that some banks tend not issue a loan on a flying freehold property.
It varies from the lender to lender. Santander has different instructions from Halifax. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Cranbrook. Conveyancing may be slightly more expensive based on your lender's requirements.