Last December we completed a house move in Helmsley. We have noticed several issues with the property which we suspect were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been carried out for conveyancing in Helmsley?

It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Helmsley. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a property owner fills in a questionnaire called a Seller’s Property Information Form. answers ends up being 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 Helmsley.

Do I have to visit the offices of the solicitor to execute the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Helmsley so that I can attend their offices if necessary.

As opposed to 12 years ago, almost all mortgage companies no longer need their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID documents and there are still manifest benefits to instructing a local ayer, in your case a conveyancing solicitor in Helmsley.

Are there restrictive covenants that are commonly picked up during conveyancing in Helmsley?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Helmsley. 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…’

The estate agent has sent us the confirmation of our purchase of a new build apartment in Helmsley. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Helmsley

There must be mutual enforceability of lessee’s covenants. Please confirm the Lease plans are architect prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

How does one remove a departed person's name from the title deeds for a property in Helmsley?

Where a Helmsley property is co-owned and one of the owners passes away, their name will not automatically be removed from the title deeds. You are not required to amend the title as in the event of a disposal your conveyancer would just be asked to supply proof why the joint owner is missing from the conveyance, normally this is in the form of a grant of probate.

With the aim of making things smoother in the future you can arrange to have the deceased person removed from the title by applying to HMLR with evidence of the death. There is no fee from the Registry for this service.