Last September we completed a house move in Southwold. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out for conveyancing in Southwold?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Southwold. Conveyancing searches and investigations initiated during the legal transfer of property are supposed to help avoid problems. As part of the process, a property owner answers a form known as a SPIF. answers turns out to be incorrect, you could possibly take legal action 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 Southwold.
As someone clueless as to conveyancing in Southwold what is the number one tip you can impart concerning the ownership transfer in Southwold
Not many law firms shout this from the rooftops but conveyancing in Southwold or throughout England and Wales is often a confrontational process. In other words, when it comes to conveyancing there exists lots of room for conflict between you and others involved in the house moving process. E.g., the seller, estate agent and even potentially a mortgage company. Choosing a law firm for your conveyancing in Southwold an important selection as your conveyancer is your adviser, and is the ONLY party in the transaction whose interest is to protect your legal interests and to keep you safe.
We are witnessing a worrying ongoing adversarial element to conveyancing- someone has to be blamed for the process being so protracted. We recommend that you should always trust your solicitor above all other parties when it comes to the legal transfer of property.
Should my solicitor be raising enquiries regarding flooding during the conveyancing in Southwold.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Southwold. There are those who purchase a house in Southwold, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to give advice on flood risk, but there are a numerous searches that may be carried out by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Southwold. The standard information supplied to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to discover if the premises has suffered from flooding. In the event that the premises has been flooded in past and is not disclosed by the vendor, then a buyer may issue a claim for damages stemming from an inaccurate response. A buyer’s lawyers should also commission an environmental search. This should higlight whether there is a recorded flood risk. If so, additional inquiries should be made.
I purchased a renovated Victorian house in Southwold. Conveyancing lawyer represented me and National Westminster Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold under the matching address. Is it worth asking National Westminster Bank to clarify?
You need to read 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Southwold and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with the conveyancing practitioner who conducted the work.
Due to the encouragement of my in-laws I had a survey completed on a house in Southwold ahead of instructing conveyancers. I have been informed that there is a flying freehold element to the property. My surveyor has said that some lenders may refuse to grant a mortgage on such a home.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you e-mail us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Southwold. Conveyancing will be smoother if you use a solicitor in Southwold especially if they are acquainted with such properties in Southwold.
What advice can you give us when it comes to finding a Southwold conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a solicitor for your lease extension (regardless if they are a Southwold conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Southwold conveyancing practices prior to 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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Can they put you in touch with clients in Southwold who can give a testimonial? How many lease extensions has the firm conducted in Southwold in the last year?
I acquired a basement flat in Southwold, conveyancing having been completed 10 years ago. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Southwold with over 90 years remaining are worth £176,000. The average or mid-range amount of ground rent is £50 yearly. The lease ends on 21st October 2106
With 80 years left to run we estimate the premium for your lease extension to span between £7,600 and £8,800 plus professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be other concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not move forward based on this information before seeking the advice of a professional.