Last September we completed a house move in Paulton. We have since encountered a number of issues with the property which we believe were missed in the conveyancing searches. Is there anything we can do? What searches should? have been ordered as part of conveyancing in Paulton?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Paulton. Conveyancing searches and investigations initiated as part of the buying process are supposed to help avoid problems. As part of the process, a seller fills in a form known as a SPIF. If the information proves to be incorrect, you could possibly take legal action 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 Paulton.
I am the registered owner of a freehold property in Paulton but nevertheless charged rent, why is this and what is this?
It is rare for properties in Paulton and has limited impact for conveyancing in Paulton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
I am thinking of refinancing my flat in Paulton, does my lawyer need to be on the Lloyds Solicitor panel?
There is nothing to stop you using your solicitor, but Lloyds will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with two solicitors involved, and it will undoubtedly be more expensive too.
I am buying a new build apartment in Paulton. Conveyancing is a frightening process 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 selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Paulton
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The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
I am looking for a conveyancing lawyer in Paulton for my home move. Can I see a firm’s record with the legal regulator?
You may read documented Solicitor Regulator Association (SRA) determinations resulting from inquisitions from 2008 onwards. Go to Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, use +44 (0)121 329 6800. The SRA may monitor telephone calls for training reasons.
What if there is a problem with the searches carried out as part of my conveyancing in Paulton?
Normally, the majority of adverse entries that arise in Paulton conveyancing search results can be dealt with in advance of completion or title insurance can be taken. You should note that regardless of the fact that you may be purchasing the property and may be content to live with the search results, your mortgage lender may not, and ultimately the decision rests with them.