My brother and I have recently bought a house in Esher and Claygate. We have since encountered a number of problems with the house which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been carried out for conveyancing in Esher and Claygate?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Esher and Claygate. Conveyancing searches and due diligence initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner answers a questionnaire called a SPIF. answers provided is misleading, you could possibly take legal action 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 Esher and Claygate.
We're in Esher and Claygate, First time buyers buying with a mortgage (lender is HSBC , and our lawyer is on the HSBC conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the HSBC conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I used Stirling Law a few years past for my conveyancing in Esher and Claygate. I now require my papers however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Esher and Claygate of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the input of my in-laws I had a survey completed on a house in Esher and Claygate prior to retaining conveyancers. I have been informed that there is a flying freehold element to the property. Our surveyor advised that some banks tend not give a loan on this type of house.
It depends who your proposed lender is. Santander has different requirements for example to Halifax. If you e-mail us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Esher and Claygate. Conveyancing will be smoother if you use a solicitor in Esher and Claygate especially if they are acquainted with such properties in Esher and Claygate.
Is it simple use your search facility to get a costs illustration from a conveyancing practitioner in Esher and Claygate on the authorised to act for my lender?
Step one is to choose a lender such as Barclays , Norwich and Peterborough Building Society or Godiva Mortgages Ltd then choose your location e.g. Esher and Claygate. Conveyancing practices in Esher and Claygate and beyond should be identified.
Is planning consent required to split a single dwelling into two flats in Esher and Claygate? This has occurred to a property opposite to a relative in Esher and Claygate and was unaware of the conversion until it was finished.
Planning Consent yes. Building Regulations yes.