Last April we completed a house move in Hornchurch. We have since encountered a number of issues with the house which we consider were overlooked in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Hornchurch?
The query is vague as what problems have arisen and if they are unique to conveyancing in Hornchurch. Conveyancing searches and due diligence undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner completes a document called a SPIF. If the information provided is incorrect, 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 Hornchurch.
I am the only recipient of my late mum's estate with all property in now in my sole name, including the house in Hornchurch. Conveyancing formalities meant that the Land Registry date was in May. I plan to dispose of the house. I understand that there is a CML 6 month 'rule', meaning my proprietorship could be regarded the same way as if I'd bought the property in May. Will no one buy the property for half a year?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How sensible a view lenders take of it, depend on the mortgage company as this clause is primarily there to pick up on the purchase and immediately sell or the flipping of properties.
Is it the case that all Hornchurch solicitor practices on the RBS conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the RBS approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Some banks do allow licenced conveyancers on their panel and in such a situation the firms would be governed by the CLC.
I recently had an offer accepted on a house in Hornchurch. My financial adviser recommended their conveyancers. I paid an on account payment of £150. Shortly after, the solicitor called me embarrassingly acknowledging that they were not on the Principality conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Principality panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
What does a local search inform me regarding the property I am buying in Hornchurch?
Hornchurch conveyancing often commences with the ordering local authority searches directly from your local Authority or via a personal search organisations for instance Searches UK The local search plays a central role in most Hornchurch conveyancing purchase; that is if you wish to avoid any unpleasant once you have moved into your new home. The search should reveal data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.
I have todaybeen informed that Arc property Solicitors have closed. They conducted my conveyancing in Hornchurch for a purchase of a leasehold apartment 9 months ago. How can I check that my home is registered correctly in the name of the previous owner?
The easiest way to see if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Hornchurch conveyancing specialists.
I decided to have a survey completed on a property in Hornchurch before instructing lawyers. I have been advised that there is a flying freehold element to the house. The surveyor has said that some mortgage companies may refuse to issue a loan on this type of premises.
It depends who your proposed lender is. HSBC has different requirements from Halifax. Should you wish to telephone us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hornchurch. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hornchurch to see if the conveyancing will be more expensive.
A conveyancing company handled my conveyancing in Hornchurch three years ago having stored my registration documents but has since been shut down – how do I get hold of these?
Deeds, as such, no longer exist as most properties in Hornchurch are registered electronically at Land Registry. Should you need to prove evidence of proprietorship or are selling or refinancing your conveyancing practitioner can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.