It is 10 years ago since I purchased my property in Hindley. Conveyancing lawyers have just been appointed on the sale but I am unable to track down my title deeds. Is this a major issue?

Don’t worry too much. Firstly the deeds may be kept by your lender or they may stored with the conveyancers who acted in your purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. The vast majority of conveyancing in Hindley involves registered property but in the unlikely event that your property is not registered it is more tricky but is not insurmountable.

Will our lawyer be making enquiries regarding flooding as part of the conveyancing in Hindley.

The risk of flooding is if increasing concern for solicitors conducting conveyancing in Hindley. There are those who acquire a house in Hindley, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not qualified to impart advice on flood risk, however there are a number of searches that can be initiated by the purchaser or by their conveyancers which can figure out the risks in Hindley. The standard information sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard question of the owner to determine if the premises has ever been flooded. In the event that flooding has previously occurred and is not notified by the owner, then a buyer may bring a claim for damages as a result of such an inaccurate response. A purchaser’s solicitors should also commission an environmental search. This should reveal if there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.

I used Arc property Solicitors several years past for my conveyancing in Hindley. Now, I need the documents but the law firm has closed. What do I do?

Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Hindley of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

How does conveyancing in Hindley differ for new build properties?

Most buyers of new build premises in Hindley come to us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is constructed. This is because developers in Hindley tend to acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Hindley or who has acted in the same development.

I've recently bought a leasehold property in Hindley. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, 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).

Hindley Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

What restrictions are contained in the Hindley Lease? How many of the leaseholders are in arrears for their service charge payments? The majority of Hindley leasehold flats will be liable to pay a service charge for the upkeep of the block invoiced on behalf of the management company. If you acquire the apartment you will have to meet this liability, normally periodically during the year. This could differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a ground rent for you to pay annual, this is usually not a large amount, say about £25-£75 but you should to enquire as occasionally it can be many hundreds of pounds.