Should our solicitor be raising enquiries regarding flooding during the conveyancing in Daventry.

Flooding is a growing risk for conveyancers dealing with homes in Daventry. Some people will purchase a property in Daventry, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.

Lawyers are not best placed to offer advice on flood risk, however there are a numerous checks that can be initiated by the purchaser or by their conveyancers which should figure out the risks in Daventry. The standard completed inquiry forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to determine if the premises has historically flooded. In the event that flooding has previously occurred and is not disclosed by the seller, then a purchaser may bring a compensation claim as a result of such an inaccurate response. The buyer’s solicitors may also order an enviro search. This will disclose if there is any known flood risk. If so, further investigations will need to be initiated.

My wife and I have a terraced Edwardian property in Daventry. 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: one for freehold, another for leasehold under the matching property. I thought I was buying a freehold how can I check?

You should assess 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Daventry and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with your conveyancing lawyer who completed the work.

I'm buying a new build house in Daventry with a mortgage from Bank of Ireland. The sellers would not reduce the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The sale representative advised me not inform my lawyer about this deal as it may adversely affect my mortgage with the lender. Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Yesterday I discovered that there is a flying freehold element on a house I put an offer in last month in what should have been a quick, no chain conveyancing. Daventry is the location of the property. Can you shed any light on this issue?

Flying freeholds in Daventry are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Daventry you must be sure that your lawyer goes 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 Daventry may ascertain 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 premises.

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