Is the fact that my solicitor in Hanwell is not identified on my bank's conveyancing panel that there is a problem with the quality of the firm’s conveyancing?
That is most likely a wrong assumption to make. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Hanwell conveyancing firm and ask them why they are no longer on the approved list for your lender.
My wife and I have recently acquired a property in Hanwell. We have noticed several problems with the property which we consider were omitted in the conveyancing searches. What action can we take? What searches should? have been carried out as part of conveyancing in Hanwell?
The query is not clear as to the nature of the problems and if they are unique to conveyancing in Hanwell. Conveyancing searches and investigations undertaken as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller fills in a form known as a Seller’s Property Information Form. If the information ends up being inaccurate, then you may have a claim against the vendor 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 Hanwell.
It is 10 years ago since I acquired my house in Hanwell. Conveyancing lawyers have recently been retained on the sale but I am unable to track down the deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly the deeds may be with the lender or they could be in the possession of the solicitor who oversaw the purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Almost all conveyancing in Hanwell relates to registered property but in the unlikely event that your home is unregistered it is more tricky but is resolvable.
Should my conveyancer be making enquiries regarding flooding as part of the conveyancing in Hanwell.
Flooding is a growing risk for conveyancers dealing with homes in Hanwell. Plenty of people will acquire a property in Hanwell, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, however there are a numerous searches that can be carried out by the buyer or by their lawyers which can figure out the risks in Hanwell. The standard property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the owner to discover whether the premises has historically flooded. In the event that flooding has previously occurred which is not disclosed by the vendor, then a purchaser could commence a compensation claim as a result of such an incorrect reply. A buyer’s lawyers will also commission an enviro search. This will disclose whether there is any known flood risk. If so, additional investigations should be initiated.
I have just appointed agents to market my garden flat in Hanwell. Conveyancing has not commenced, but I have recently received a quarterly maintenance charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should pay the service charge as usual as all rents and maintenance charges will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I inherited a a ground floor purpose built flat in Hanwell. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the sum due for a lease extension?
if there is a absentee freeholder or if there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the LVT to make a decision on the price.
An example of a Freehold Enfranchisement matter before the tribunal for a Hanwell residence is 6 Jessamine Road in August 2013. The Tribunals valuation (as annexed to the decision) calculated the amount payable as £18,355 for the freehold reversion This case related to 2 flats. The unexpired term as at the valuation date was 72.39 years.
Is it true that a Hanwell conveyancing practice got sued by a client for failing to conduct the appropriate conveyancing searches?
Our attention has not be brought to such a Hanwell conveyancing claim but according to a recent report, clients acquiring a property in Cumbria successfully won a claim against their solicitor due to development plans to build a wind farm not being identified in conveyancing searches.
Where you are buying in Hanwell It is important that your lawyer conduct all Hanwell conveyancing searches required to ensure you have accurate and current information before acquiring a home in Hanwell.