It is a dozen years since I acquired my house in Hampstead. Conveyancing lawyers have just been instructed on the sale but I can't track down the title documents. Will this cause complications?

Don’t worry too much. First the deeds may be with your lender or they may be in the possession of the conveyancers who handled your purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors procuring current official copies of the land registers. Most conveyancing in Hampstead involves registered property but in the rare situation where your home is unregistered it is more problematic but is resolvable.

Should our solicitor be asking questions about flooding during the conveyancing in Hampstead.

Flooding is a growing risk for conveyancers dealing with homes in Hampstead. There are those who acquire a property in Hampstead, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, however there are a number of searches that may be carried out by the buyer or by their lawyers which can give them a better appreciation of the risks in Hampstead. The standard property information forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the seller to find out whether the premises has historically flooded. If the premises has been flooded in past and is not disclosed by the seller, then a purchaser could issue a compensation claim resulting from an misleading answer. The buyer’s lawyers may also commission an environmental search. This will higlight if there is a recorded flood risk. If so, more detailed investigations should be conducted.

I opted to have a survey completed on a property in Hampstead prior to retaining solicitors. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some mortgage companies tend not give a loan on this type of premises.

It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. Should you wish to call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hampstead. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hampstead to see if the conveyancing costs will increase in light of this.

My business partner and I are wishing to take an assignment of a lease of a shop on a shopping parade. Can you recommend lawyers offering competitive charges for non-domestic conveyancing in Hampstead for less than 2k?

We can recommend firms who have specialist knowledge of commercial conveyancing in Hampstead, including the disposal and purchase of businesses as well as simply property. If you are looking to buy or sell a shop, pub, restaurant, office, retail unit or a complete business we can put you in touch with the right firm. Regarding the fees this will depend on the structure and complexity of the deal. Let us have your details or email us so that we can furnish you with a fixed commercial conveyancing calculation.

We recently found out that one of the partners of the firm handling the purchase conveyancing in Hampstead is is the mother of the seller. Is this allowed?

Provided no conflict arises this is permitted. Where you are obtaining a home loan then the bank may have a say as many banks have specific instructions on this. For example for Lloyds TSB Scotland as of 10/11/2024, the requirements read as follows :