Last March we completed a house move in Kirkstall. We have noticed several issues with the house which we suspect were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been ordered for conveyancing in Kirkstall?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Kirkstall. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, the vendor fills in a document known as a Seller’s Property Information Form. If the information ends up being incorrect, you may have a misrepresentation claim 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 Kirkstall.
My Conveyancer in Kirkstall is not listed on the Leeds Building Society Conveyancing Panel. Can I still retain my prefered solicitor even though they are not on the Leeds Building Society approved list?
The limited options available to you here include:
- Complete the purchase with your preferred Kirkstall solicitors but Leeds Building Society will need to use a solicitor on their panel. This will inevitably rack up the overall legal charges as well as result in delays.
- Find a new practitioner to to deal with the purchase, not forgetting to check they are on the Leeds Building Society panel
Is it necessary to pay for insurance to cover chancel repairs when purchasing a property in Kirkstall?
Unless a prior purchase of the property completed after 12 October 2013 you can assume that solicitors handling conveyancing in Kirkstall to remain encouraging a chancel search and or insurance against a claim.
Me and my brother own a terraced Georgian property in Kirkstall. Conveyancing lawyer acted for me and Leeds Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold under the matching property. Is it worth asking Leeds Building Society to clarify?
You should 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Kirkstall 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 lenders. You can also question the situation with the conveyancing practitioner who conducted the purchase.
Should I choose a Kirkstall conveyancing solicitor in close proximity to the house I am buying? An old friend can conduct the legal formalities however they are based 300kilometers drive away.
The benefit of a local Kirkstall conveyancing firm is that you can visit the firm to execute documents, deliver your identification documents and apply pressure on them if necessary. They will also have local insight which is a bonus. That being said it's more important to get someone that will pull out all the stops for you. If other friends have instructed your friend and on the whole were impressed that should trump using an unknown Kirkstall conveyancing lawyer solely due to them being local.
Should I be concerned if there is a problem with one of the searches for our conveyancing in Kirkstall?
Normally, most issues that arise in Kirkstall conveyancing search results can be addressed ahead of completion or indemnity insurance can be taken. It is crucial to remember that even though you may be buying the property and might be content to accept the search results, your mortgage lender may not, and ultimately they have the final say.