I am not in a position to travel far from Upney. I would like to know the logic why all Upney conveyancing practitioners aren't automatically on all bank panels?

Even though it may seem unfair for mortgage companies to limit who can represent them, from the public’s or lawyer’s viewpoint, the flip side is that lending institutions are increasingly anxious and consider it crucial to shield themselves against illegal activities. As a consequence of this concern mortgage companies are limiting their panel of approved conveyancing lawyers to a manageable size.

Our son-in-law is purchasing a house that has just been built in Upney with a home loan from Coventry BS. His conveyancer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Coventry BS conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Coventry BS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Should our solicitor be raising questions about flooding during the conveyancing in Upney.

Flooding is a growing risk for solicitors dealing with homes in Upney. There are those who acquire a property in Upney, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Lawyers are not best placed to give advice on flood risk, however there are a various checks that may be carried out by the buyer or by their lawyers which should give them a better appreciation of the risks in Upney. The conventional set of completed inquiry forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the owner to discover if the premises has suffered from flooding. In the event that the residence has been flooded in past and is not notified by the seller, then a purchaser may commence a compensation claim as a result of such an inaccurate reply. The buyer’s lawyers should also commission an environmental search. This should indicate if there is a recorded flood risk. If so, additional inquiries will need to be carried out.

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

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Upney. 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…’

Back In 2006, I bought a leasehold flat in Upney. Conveyancing and Britannia mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Upney who previously acted has long since retired. Any advice?

First contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Upney conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am the proprietor of a two-bedroom flat in Upney. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the amount payable for the purchase of the freehold?

Where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to assess the amount due.

An example of a Lease Extension matter before the tribunal for a Upney property is 49 Aldborough Road South in July 2012. The Tribunal decided that the premium payable for the grant of the new lease was £13,925 This case affected 1 flat. The remaining number of years on the lease was 61.36 years.