My wife and I have recently acquired a property in Robertsbridge. We have noticed several issues with the house which we believe were missed in the conveyancing searches. What action can we take? What searches should? have been ordered as part of conveyancing in Robertsbridge?
The query is vague as what problems have arisen and if they are specific to conveyancing in Robertsbridge. Conveyancing searches and investigations initiated during the legal transfer of property are designed to help avoid problems. As part of the process, the vendor completes a form referred to as a SPIF. If the information turns out to be incorrect, you may have a misrepresentation claim against the owner 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 Robertsbridge.
I am the registered owner of a freehold premises in Robertsbridge but still invoiced for rent, why is this and what is this?
It is rare for properties in Robertsbridge and has limited impact for conveyancing in Robertsbridge 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 establishment of new rentcharges from 1977 onwards.
Previous 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 dispensed with completely.
I am buying a property in Robertsbridge. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Principality be concerned?
As your lender is Principality your lawyer must check the conveyancing instructions set out in Section two of UK Finance Lenders’ Handbook for Principality. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and conveyancers are required to report to Principality where a lease fails to satisfy these specifications. The specifications relate to the installation of panels on properties countrywide and is not isolated to Robertsbridge.
I am due to exchange contracts on my house. I had a double glazing fitted in August 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, HSBC are being a right pain. The Robertsbridge solicitor who is on the HSBC conveyancing panel is saying indemnity insurance will be fine but HSBC are insisting on a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?
It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
After shopping around on the internet I have found a Robertsbridge conveyancing practitioner having checked that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Robertsbridge postcode. As you are getting a mortgage with Kent Reliance, you could contact them to see if they have a list of approved surveyors in Robertsbridge.
I purchased a 4 bedroom Edwardian property in Robertsbridge. Conveyancing practitioner represented me and Clydesdale. I did a free Land Registry search last week and there are a couple of entries: the first freehold, the second leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register for 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 Robertsbridge and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with the conveyancing lawyer who completed the work.
Over the last few months I have been searching for a ground for flat up to £195,000 and found one close by in Robertsbridge I like with a park and transport links nearby, however it's only got 52 years on the lease. There is not much else in Robertsbridge for this price, so just wondered if I would be making a grave error buying a short lease?
Should you require a mortgage that many years may be an issue. Discount the price by the expected lease extension will cost if not already taken into account. If the current proprietor has owned the property for at least twenty four months you can request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this.
My company is looking to lease a unit on the high street. Can you recommend solicitors offering no-sale-no fees for non-domestic conveyancing in Robertsbridge for less than 1500k?
We are happy to recommend firms who host a wealth of experience of commercial conveyancing in Robertsbridge, including the disposal and acquisition of businesses as well as simply premises. Whether you are hoping to buy or dispose of a shop, pub, restaurant, office, retail premises or a whole business we will find you the right lawyer. As for the charges this will depend on the structure and terms of the proposed transaction. Please provide us with your contact information or telephone so as to enable us to furnish you with comprehensive commercial conveyancing calculation.