Should our lawyer be raising enquiries concerning flooding during the conveyancing in New Mills.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in New Mills. Some people will acquire a property in New Mills, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house 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 give advice on flood risk, but there are a numerous checks that can be initiated by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in New Mills. The standard completed inquiry forms given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the seller to discover if the property has ever been flooded. If flooding has previously occurred and is not revealed by the seller, then a purchaser may commence a claim for damages as a result of such an misleading reply. The purchaser’s lawyers should also carry out an environmental search. This should higlight whether there is any known flood risk. If so, more detailed inquiries will need to be initiated.
Me and my brother purchased a terraced Victorian property in New Mills. Conveyancing lawyer represented me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, another for leasehold under the matching address. Is it worth asking Bank of Scotland to clarify?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in New Mills and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with the conveyancing lawyer who completed the work.
About to purchase a new build flat in New Mills. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in New Mills
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
I decided to have a survey carried out on a property in New Mills before instructing conveyancers. I have been advised that there is a flying freehold element to the house. The surveyor has said that some banks will refuse to give a mortgage on such a premises.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. If you e-mail us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in New Mills. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in New Mills to see if the conveyancing costs will increase in light of this.
How can the Landlord & Tenant Act 1954 impact my commercial premises in New Mills and how can your lawyers assist?
The particular law that you refer to provides protection to business lessees, giving them the dueness to apply to court for a continuation of occupancy at the end of an expired lease. There are limited grounds where a landlord can refuse a lease renewal and the rules are involved. Fees are different for commercial conveyancing. New Mills is one of our hundreds of locations in which the firms we work with are located
My parents are having problems in finding their New Mills land registry title on the site. They recall that 50 years ago when they acquired the house there were complications regarding the address not being identified on some systems.
Almost all properties in New Mills should appear. Have you limited your search to just the postcode. Ordinarily it will mention all the properties inside the postcode. Assuming the property is recorded it will show up with a title number. If they bought back in the 70’s it's conceivable it may be unregistered. The property might still be revealed but with the title number identified as 'na'. In this scenario you will need to track down the original title documentation which could be with your parent’s bank.