Last May we completed a house move in Smithfield. We have noticed several issues with the property which we consider were missed in the conveyancing searches. Is there anything we can do? What searches should? have been conducted as part of conveyancing in Smithfield?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Smithfield. Conveyancing searches and due diligence undertaken as part of the legal transfer of property 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 incorrect, 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 Smithfield.
It is 10 years ago since I bought my home in Smithfield. Conveyancing solicitors have just been instructed on the sale but I can't locate my title deeds. Will this cause complications?
Don’t worry too much. First the deeds may be kept by the lender or they may be in the possession of the conveyancers who acted in your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Smithfield involves registered property but in the unlikely event that your property is unregistered it is more tricky but is resolvable.
My wife and I purchased a semi-detached Victorian house in Smithfield. Conveyancing solicitor acted for me and Nationwide Building Society. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold with the matching property. I'd like to know for sure, how can I find out??
You need to read the Freehold register you have again and check the Charges Register as there may be 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 Smithfield and other locations in 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 buyers. You can also enquire as to the situation with your conveyancing solicitor who conducted the purchase.
Just had an offer accepted on a new build apartment in Smithfield. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Smithfield
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Please supply a car parking plan. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? There must be mutual enforceability of lessee’s covenants. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
I decided to have a survey done on a property in Smithfield before appointing conveyancers. I have been advised that there is a flying freehold element to the property. The surveyor advised that some lenders tend refuse to issue a mortgage on such a home.
It varies from the lender to lender. Santander has different requirements from Nationwide. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Smithfield. Conveyancing will be smoother if you use a solicitor in Smithfield especially if they are accustomed to such properties in Smithfield.
What advice can you give us when it comes to choosing a Smithfield conveyancing firm to deal with our lease extension?
When appointing a solicitor for your lease extension (regardless if they are a Smithfield conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Smithfield conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be useful:
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What are the legal fees for lease extension work? If they are not ALEP accredited then what is the reason?
I inherited a 1 bedroom flat in Smithfield, conveyancing formalities finalised October 1999. How much will my lease extension cost? Corresponding properties in Smithfield with an extended lease are worth £171,000. The ground rent is £50 levied per year. The lease terminates on 21st October 2105
With only 79 years unexpired we estimate the premium for your lease extension to range between £8,600 and £9,800 as well as plus your own and the landlord's "reasonable" professional fees.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not take any other action based on this information before getting professional advice.