My partner and I have just acquired a property in Stow on the Wold. We have since encountered a number of issues with the house which we consider were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Stow on the Wold?
The query is not clear as what problems have arisen and if they are specific to conveyancing in Stow on the Wold. Conveyancing searches and due diligence initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a seller fills in a form known as a SPIF. If the information proves to be inaccurate, then you may have a claim 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 Stow on the Wold.
Me and my brother have a terraced Victorian property in Stow on the Wold. Conveyancing practitioner acted for me and Nationwide Building Society. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, the second leasehold under the matching property. Is it worth asking Nationwide Building Society to clarify?
You need to review the Freehold register you have again and check the Charges Register for 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 Stow on the Wold and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing lawyer who conducted the conveyancing.
I am buying a new build apartment in Stow on the Wold. 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.
Here is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Stow on the Wold
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. 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. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I have been pointed in your direction by a couple of local property agents in Stow on the Wold to get a quote from a conveyancer on your site. Is there a financial upside for Estate Agents to market your services rather than another?
We refuse to give any commission for directing people in our direction. We found it would be just too difficult to pay a commission because a client could think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.
I wish to rent out my leasehold apartment in Stow on the Wold. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?
Even though your last Stow on the Wold conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek permission via your landlord or some other party before subletting. The net result is that you cannot sublet without prior permission. Such consent must not not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.
I invested in buying a 1 bedroom flat in Stow on the Wold, conveyancing was carried out 10 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Stow on the Wold with an extended lease are worth £185,000. The average or mid-range amount of ground rent is £65 per annum. The lease expires on 21st October 2084
With only 60 years left to run we estimate the premium for your lease extension to be between £20,000 and £23,000 plus legals.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.