My partner and I have lately purchased a property in Sharnbrook. We have noticed several problems with the property which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been conducted as part of conveyancing in Sharnbrook?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Sharnbrook. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the legal transfer of property, a property owner fills in a questionnaire referred to as a SPIF. If the information proves to be misleading, you could possibly take legal action against the seller 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 Sharnbrook.
We are planning to purchase with Loughborough BS. I went into a few local solicitors yet cant to find a Sharnbrook conveyancing firm on the Loughborough BS panel. Can you help?
You should take advantage of the find a lender approved solicitor tool on this site. Pick the lender and type Sharnbrook or your preferred area and you will see numerous conveyancers based in Sharnbrook or nearest you.
We are getting a further advance on our home loan from Lloyds as we intend to carry out improvements to our home in Sharnbrook. Do we need to appoint a local Sharnbrook solicitor on the Lloyds conveyancing panel to handle the legals?
Lloyds don't usually require firms on their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Lloyds panel.
I am buying a property in Sharnbrook. One unusual aspect is that the roof has a solar panel. Coventry BS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Coventry BS your lawyer must follow the conveyancing requirements contained in Part two of UK Finance Lenders’ Handbook for Coventry BS. The Council of Mortgage Lenders’ Handbook contains minimum conditions for solar panel roof-space leases, and conveyancing practitioners are required to report to Coventry BS where a lease does not satisfy these specifications. The requirements relate to the installation of panels on properties nationwide and is not isolated to Sharnbrook.
Having digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Sharnbrook solicitor - who is on the HSBC conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC 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 solicitor 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 Sharnbrook postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in Sharnbrook.
Are there restrictive covenants that are commonly identified during conveyancing in Sharnbrook?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Sharnbrook. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
The estate agent has sent us the confirmation of our purchase of a new build apartment in Sharnbrook. 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 may expect your new-build leasehold conveyancing in Sharnbrook
-
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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
How can the Landlord & Tenant Act 1954 affect my business offices in Sharnbrook and how can you help?
The particular law that you refer to provides security of tenure to business lessees, giving them the right to apply to court for a continuation of occupancy when the lease comes to an end. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Sharnbrook is one of the many locations in which our lawyers are located