I am buying a property for cash in South London. I have been living for the last twelve years in South London. Conveyancing searches are expensive. Given that I know the road and vicinity intimately must I have all the conveyancing searches?
Provided that you do not need a mortgage, then almost all of the South London conveyancing searches are at your discretion. Your lawyer will 'advise', perhaps strongly, that you should have searches done, but she is duty bound to do this. One thing to consider; if you are likely to dispose of the house at a future date, it will likely be be of relevance to your prospective buyer what the searches reveal. Sometimes premises with no practical issues can still throw up unexpected search results. A good conveyancing solicitor in South London should be able to give you some constructive advice in this regard.
As someone unfamiliar with conveyancing in South London what’s the number one tip you can give me concerning the ownership transfer in South London
Not many law firms or advisers will tell you this but conveyancing in South London and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there is lots of room for confrontation between you and others involved in the legal transfer of property. For example, the seller, estate agent and on occasion your bank. Selecting a lawyer for your conveyancing in South London is a critical decision as your conveyancer is your adviser, and is the SOLE person in the legal process whose interest is to protect your legal interests and to keep you safe.
On occasion a potential adversary may try and persuade you that you should follow their advice. As an example, the estate agent may claim to be assisting by suggesting your solicitor is wrong. Or your mortgage broker may try to convince you to do something that is contrary to your solicitors advice. You should always trust your lawyer above all other parties in the home moving process.
Should our lawyer be raising enquiries regarding flooding during the conveyancing in South London.
Flooding is a growing risk for conveyancers dealing with homes in South London. Plenty of people will acquire a property in South London, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to give advice on flood risk, however there are a various searches that can be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in South London. The conventional set of completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the vendor to find out whether the premises has ever been flooded. In the event that flooding has previously occurred which is not disclosed by the owner, then a buyer could commence a legal claim for losses stemming from an inaccurate reply. A purchaser’s conveyancers will also commission an environmental report. This should higlight whether there is any known flood risk. If so, further inquiries should be initiated.
I decided to have a survey carried out on a house in South London ahead of appointing solicitors. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders tend refuse to grant a loan on this type of property.
It varies from the lender to lender. Lloyds has different instructions for example to Nationwide. If you contact us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in South London. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in South London to see if the conveyancing will be more expensive.
Jane (my partner) and I may need to let out our South London garden flat for a while due to taking a sabbatical. We used a South London conveyancing firm in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
A lease dictates the relationship between the landlord and you the flat owner; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in South London do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can a leaseholder make an application to the Leasehold Valuation Tribunal? Can you recommend a South London conveyancing firm to represent me?
if there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the amount due.
An example of a Lease Extension case for a South London premises is Flat B 10 Grove Avenue in October 2013. Following a vesting order Clerkenwell and Shoreditch County Court 3rd July 2013 The tribunal determines that the premium payable for the lease extension was £36,215.00 This case related to 1 flat. The remaining number of years on the lease was 65.21 years.
Are South London conveyancing solicitors duty bound by the Law Society to issue transparent conveyancing figures?
Contained within the Solicitors Code of Conduct are prescriptive rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their charges to clients.The Law Society have a practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not intended as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, nevertheless, constitute the Law Society’s view of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in South London or across England and Wales.