Last December we completed a house move in Portland. We have noticed several issues with the property which we consider were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been carried out as part of conveyancing in Portland?
The question is vague as to the nature of the problems and if they are relate to conveyancing in Portland. Conveyancing searches and investigations undertaken as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller fills in a questionnaire referred to as a Seller’s Property Information Form. If the information proves to be inaccurate, 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 Portland.
Why is leasehold purchase conveyancing in Portland is more expensive?
In summary, leasehold conveyancing in Portland and Dorset usually requires more work compared to freehold transactions. This includes checking the lease terms, corresponding with the landlord about the service of applicable notices, procuring current service charge and management information, securing the freeholder’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first granted.
Is there a search tool that I can use to investigate if the solicitor carrying out my conveyancing in Portland is on the bank’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for Barclays thus spending £187.00 plus VAT in further conveyancing costs.
Please do make the most of the search tool on this web page. Pick the lender and type ‘Portland’ or your location and you will see numerous conveyancers based in Portland or by proximity to you.
I am helping my niece sell her house in Portland. Does the conveyancing solicitor arrange an EPC or it is for the owner to see to?
After the abolition of Home Packs, energy performance certificates was kept a compulsory component of moving house. An energy performance certificate should be to hand before the property is marketed. This is not as aspect of the sale process that lawyers ordinarily arrange. If you are using a Portland conveyancing practitioner they may be willing to arrange EPC’s given their relationships with reputable local energy assessors
A friend informed me that in purchasing a property in Portland there may be various restrictions prohibiting external alterations to the property. Is this right?
We are aware of anumerous of properties in Portland which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Portland should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have been advised by my lawyer that lack of planning permission insurance is necessary on my purchase. What is the level of cover for Portland conveyancing?
The appropriate level of lack of planning permission indemnity insurance depends on who your lender is. It would differ for example between Halifax and Norwich and Peterborough Building Society. Conveyancing solicitors as opposed to members of the public take out such policies.
Should our solicitor be making enquiries about flooding during the conveyancing in Portland.
The risk of flooding is if increasing concern for lawyers dealing with homes in Portland. Plenty of people will purchase a property in Portland, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to offer advice on flood risk, however there are a numerous searches that can be initiated by the buyer or by their solicitors which can give them a better appreciation of the risks in Portland. The conventional set of completed inquiry forms given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the seller to find out whether the premises has suffered from flooding. If flooding has previously occurred which is not disclosed by the owner, then a buyer may bring a legal claim for losses resulting from an inaccurate response. A buyer’s solicitors should also carry out an enviro report. This should disclose if there is a recorded flood risk. If so, further investigations will need to be initiated.
Just had an offer accepted on a new build apartment in Portland. 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.
Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Portland
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.