After reviewing online forums for a recommended lawyer in Nayland, most say that I must use a CQS accredited lawyer. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in buying or selling property, trusted by some of the UK's biggest mortgage companies. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. CQS is not a scheme offered by the Society for Licensed Conveyancers. Nayland is one of the numerous areas in England and Wales where there are CQS lawyers.
I am downsizing from our property in Nayland and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any high street Nayland lawyer would know that there is no such problem. It does beg the question why the buyers instructed a factory type conveyancing practice as opposed to a conveyancing solicitor in Nayland. Having lived in Nayland for 5 years we know that this is a non issue. Should we contact our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a quick, chain free conveyancing. Nayland is where the house is located. Can you shed any light on this issue?
Flying freeholds in Nayland are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Nayland you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Nayland may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
How does the Landlord & Tenant Act 1954 affect my commercial property in Nayland and how can your lawyers assist?
The particular law that you refer to affords security of tenure to business leaseholders, giving them the legal entitlement to apply to court for a continuation of occupancy at the end of an expired lease. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and handle your commercial conveyancing in Nayland
Expecting to exchange soon on a ground floor flat in Nayland. Conveyancing lawyers have said that they are sending me a report on Monday. What should I be looking out for?
The report on title for your leasehold conveyancing in Nayland should include some of the following:
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Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? Alterations to the premises Defining your rights in respect of the communal areas in the building.E.G., does the lease include a right of way over an accessway or hallways? You should have a good understanding of the insurance requirements Does the lease require carpeting throughout thus preventing wood flooring?
Leasehold Conveyancing in Nayland - Sample of Queries before buying
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Where a Nayland lease has less than eighty years it will have adverse implications on the marketability of the property. It is worth checking with your bank that they are content with residual term of the lease. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you would be required to have been the owner of the residence for two years before you are legally able to exercise a lease extension. Does this lease have more than 90 years unexpired?
Do online conveyancing organisations cover everything a high street Nayland solicitor does or do I still need to retain a solicitor for the final stages for my conveyancing in Nayland?
Where you choose an online conveyancer they should undertake all the things your Nayland solicitor would cover.