Last November we completed a house move in Leaves Green. 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? Can you clarify the nature of searches that needed to have been ordered for conveyancing in Leaves Green?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Leaves Green. Conveyancing searches and due diligence initiated during the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller completes a form known as a Seller’s Property Information Form. answers is misleading, 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 Leaves Green.
Will our lawyer be making enquiries concerning flooding as part of the conveyancing in Leaves Green.
The risk of flooding is if increasing concern for solicitors dealing with homes in Leaves Green. Some people will purchase a house in Leaves Green, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to give advice on flood risk, however there are a various checks that may be carried out by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Leaves Green. The conventional set of information supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual question of the owner to find out whether the premises has suffered from flooding. In the event that the residence has been flooded in past and is not disclosed by the vendor, then a buyer may issue a compensation claim as a result of such an incorrect response. A purchaser’s conveyancers should also order an enviro report. This should indicate whether there is a recorded flood risk. If so, further investigations will need to be made.
Are there restrictive covenants that are commonly picked up during conveyancing in Leaves Green?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Leaves Green. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
We're FTB’s - had an offer accepted, yet the selling agent has warned us that the vendor will only move forward if we appoint the agent's preferred conveyancers as they need an ‘expedited deal’. My instinct tells me that we should use a family conveyancer accustomed to conveyancing in Leaves Green
We suspect that the seller is unaware of this request. If they desire ‘a quick sale', alienating a serious purchaser is counter productive. Speak to the vendors direct and make the point that (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you are unencumbered (d) you intend to proceed fast (e)but you are going to instruct your own,trusted Leaves Green conveyancing solicitors - rather thanthe ones that will give their negotiator at the agency a introducer fee or hit his conveyancing figures set by HQ.
I own a leasehold flat in Leaves Green. Conveyancing and Barnsley Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Leaves Green who acted for me is not around. What should I do?
First contact the Land Registry to be sure that this person is indeed the new freeholder. There is no need to instruct a Leaves Green conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Leaves Green. Can we issue an application to the Residential Property Tribunal Service?
Absolutely. We can put you in touch with a Leaves Green conveyancing firm who can help.
An example of a Lease Extension decision for a Leaves Green property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The unexpired lease term was 50.57 years.
Why do Leaves Green conveyancing costs differ for leasehold and freehold properties?
When buying a leasehold property there is more work involved purely due to the fact that usually there are further parties involved in the form of the freeholder and/or Management Agents. As part of a lawyers enquiries they will check that all ground rent and service charges are paid up to date amongst other general leasehold matters. For this reason, the Sellers lawyers usually have to refer to the freeholder or Managing Agent for their replies to our questions. This may be time consuming and beyond the lawyers control