My wife and I have lately purchased a house in Shenfield. We have noticed several issues with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been conducted for conveyancing in Shenfield?
The query is vague as what problems have arisen and if they are specific to conveyancing in Shenfield. Conveyancing searches and investigations initiated as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor fills in a form called a SPIF. If the information proves to be inaccurate, you may have a misrepresentation 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 Shenfield.
We note that you have a search directory identifying solicitors on the Virgin Money conveyancing panel. Do companies pay you a referral fee if I appoint them for our conveyancing in Shenfield?
We are a listing service only for law firms wishing to communicate if they are on the Virgin Money conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Shenfield.
What can a local search inform me about the property I am purchasing in Shenfield?
Shenfield conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search organisations for example Xpress Legal The local search is essential in every Shenfield conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your new home. The search should provide data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
Are there restrictive covenants that are commonly identified during conveyancing in Shenfield?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Shenfield. 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…’
I'm purchasing my first flat in Shenfield with a mortgage from Clydesdale. The developers refused to budge the price so I negotiated 6k of additionals instead. The sale representative suggested that I not to tell my solicitor about the extras as it may adversely affect my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I wish to sublet my leasehold flat in Shenfield. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
The lease dictates relations between the freeholder and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Shenfield do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.
Leasehold Conveyancing in Shenfield - Examples of Questions you should consider Prior to buying
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Is anyone aware of any major works anticipated that will increase the maintenance charges? Does the lease have onerous restrictions? The prefered form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this scenario the leaseholders enjoy control and although a managing agent is often retained if the building is bigger than a house conversion, the managing agent retained by the leaseholders.