Should my lawyer be raising enquiries regarding flooding during the conveyancing in Maidstone.
The risk of flooding is if increasing concern for lawyers dealing with homes in Maidstone. Plenty of people will acquire a house in Maidstone, fully aware that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a number of searches that can be undertaken by the purchaser or by their lawyers which will figure out the risks in Maidstone. The standard property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the owner to discover if the property has suffered from flooding. In the event that the premises has been flooded in past which is not notified by the seller, then a buyer may commence a legal claim for losses stemming from an inaccurate reply. A purchaser’s solicitors may also order an environmental report. This should reveal if there is a recorded flood risk. If so, additional inquiries will need to be initiated.
How does conveyancing in Maidstone differ for new build properties?
Most buyers of new build premises in Maidstone come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because developers in Maidstone typically purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Maidstone or who has acted in the same development.
I opted to have a survey carried out on a house in Maidstone in advance of retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some banks will not give a loan on a flying freehold house.
It varies from the lender to lender. Santander has different instructions for example to Birmingham Midshires. Should you wish to call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Maidstone. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Maidstone to see if the conveyancing will be more expensive.
As co-executor for the will of my uncle I am disposing of a house in Cardiff but live in Maidstone. My solicitor (approximately 200 miles from merequires that I sign a stat dec before completion. Can you recommend a conveyancing solicitor in Maidstone to witness and place their company stamp on the document?
strictly speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will be fine regardless of whether they are Maidstone based
I only have 72 years remaining on my lease in Maidstone. I now wish to extend my lease but my freeholder is can not be found. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. In some cases a specialist may be useful to try and locate and prepare an expert document to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Maidstone.
Maidstone Leasehold Conveyancing - A selection of Queries before buying
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Please note that where the lease has less than 80 years it will affect the marketability of the property. It is worth checking with your lender that they are content with the length of the lease. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease at some point and you need to have some idea of what this will be. Remember, in most cases you will be be obliged to have been the owner of the residence for two years before you are eligible to carry out a lease extension. Be sure to enquire if there are any onerous restrictions in the lease. For example it is reasonably common in Maidstone leases that pets are not permitted in certain buildings in Maidstone. If you like the propertyin Maidstone yet your dog can’t live with you then you will be faced hard choice. Does the lease contain onerous restrictions?
We are FTB’s just having agreed a price on a property in Maidstone, and need to get solicitors appointed. I have made use of the different rating based websites and the results are from all across the country. Is it important to have a Maidstone lawyer local to your prospective new home? We are happy to do everything over email, but I assume at some stage we may be required to visit the conveyancing practitioner's office to sign papers?
The conveyancing practitioner does not need to be in Maidstone, but opting for local means that you have the option to visit their offices if you need to, for instance, if a signature is immediately necessary. In addition, a Maidstone solicitor is likely to be familiar with local agents and (if the vendor has instructed a local conveyancer) with them, which should help keep things moving faster.