After looking at mumsnet.com for a conveyancing solicitor in Baildon, many advise that I should use a CQS assured lawyer. Can you explain what CQS is?

The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in buying or selling property, trusted by some of the UK's biggest mortgage companies. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Association of British Insurers (ABI). The scheme does not cover licenced conveyancers. Baildon is one of the numerous areas in England and Wales where there are Accredited solicitors.

Will our conveyancer be raising questions about flooding during the conveyancing in Baildon.

The risk of flooding is if increasing concern for lawyers dealing with homes in Baildon. Some people will buy a house in Baildon, completely aware that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not best placed to impart advice on flood risk, however there are a numerous searches that can be carried out by the purchaser or by their lawyers which can give them a better appreciation of the risks in Baildon. The conventional set of information supplied to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to discover if the premises has historically flooded. If the property has been flooded in past which is not revealed by the owner, then a purchaser may commence a claim for damages stemming from an incorrect response. The purchaser’s conveyancers will also order an environmental search. This should reveal if there is a recorded flood risk. If so, further investigations should be initiated.

Due to the encouragement of my in-laws I had a survey completed on a house in Baildon ahead of retaining solicitors. I have been informed that there is a flying freehold element to the house. The surveyor advised that some lenders tend not grant a loan on such a property.

It varies from the lender to lender. Lloyds has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Baildon. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Baildon to see if the conveyancing will be more expensive.

In my capacity as executor for the estate of my aunt I am selling a house in Newport but live in Baildon. My lawyer (who is 200 miles awayhas requested that I sign a stat dec before the transaction finalising. Could you suggest a conveyancing lawyer in Baildon to attest this legal document for me?

strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will be fine regardless of whether they are based in Baildon

Last October I purchased a leasehold house in Baildon. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Baildon Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

The prefered form of lease structure is where the freehold title is owned by the leaseholders. In this arrangement the tenants have being in charge if their destiny and even though a managing agent is often employed where the building is larger than a house conversion, the managing agent retained by the leaseholders. It is important to be aware whether fixing the lift or some other significant cost is pending that will be shared amongst the tenants and will dramatically impact the level of the service costs or require a one off invoice. What is the the remaining lease term?