Last October we completed a house move in Datchet and Langley. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Datchet and Langley?
The question is vague as what problems have arisen and if they are specific to conveyancing in Datchet and Langley. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a document called a Seller’s Property Information Form. If the information turns out to be inaccurate, 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 Datchet and Langley.
When it comes to mortgage companies such as Kent Reliance, do Datchet and Langley conveyancers incur a yearly amount to be on the list of approved solicitors?
We are not aware of any bank fees to register on their list of approved firms, although some do levy an administration charge to deal with the processing of the conveyancing panel submission.
Is it the case that all Datchet and Langley conveyancing solicitors on the Coventry BS conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Coventry BS approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do permit licenced conveyancers on their panel in which case such practice would be governed by the CLC.
I have decided to exercise my right to buy my property in Datchet and Langley off the council. I have a mortgage offer with Virgin Money. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Virgin Money, you will need to appoint a solicitor on the Virgin Money conveyancing panel.
Are there restrictive covenants that are commonly identified during conveyancing in Datchet and Langley?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Datchet and Langley. 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…’
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a simple, chain free conveyancing. Datchet and Langley is the location of the property. Can you shed any light on this issue?
Flying freeholds in Datchet and Langley are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Datchet and Langley you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Datchet and Langley may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Datchet and Langley. Conveyancing advisers have not yet been instructed. Will they explain the issues?
The majority of houses in Datchet and Langley are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Datchet and Langley in which case you should be shopping around for a Datchet and Langley conveyancing practitioner and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your solicitor should appraise you on the various issues.
Having spent years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Datchet and Langley. Can we issue an application to the Residential Property Tribunal Service?
Where there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to decide the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Datchet and Langley residence is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case affected 2 flats. The unexpired term was 69 years.