My partner and I have recently bought a house in Audlem. We have since encountered a number of issues with the property which we suspect were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in Audlem?

The question is vague as to the nature of the problems and if they are specific to conveyancing in Audlem. Conveyancing searches and due diligence initiated during the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner fills in a questionnaire called a Seller’s Property Information Form. answers ends up being inaccurate, you may have a misrepresentation 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 Audlem.

I am planning on selling our house in Audlem and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. Any local conveyancer would know that there is no such problem. For the life of me I don't know why the purchasers used an online conveyancing outfit rather than a conveyancing solicitor in Audlem. Having lived in Audlem for three years we know that this is a non issue. Should we contact our local Authority to seek confirmation that the buyers are looking for.

It would appear that you have a conveyancing firm currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)

Are there restrictive covenants that are commonly identified as part of conveyancing in Audlem?

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

I decided to have a survey carried out on a property in Audlem prior to retaining solicitors. I have been informed that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies will refuse to give a mortgage on such a house.

It varies from the lender to lender. Bank of Scotland has different requirements from Birmingham Midshires. If you call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Audlem. Conveyancing will be smoother if you use a solicitor in Audlem especially if they are familiar with such properties in Audlem.

Having checked my lease I have discovered that there are only 72 years remaining on my lease in Audlem. I now wish to get lease extension but my freeholder is missing. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you have used your best endeavours to find the landlord. In some cases a specialist should be helpful to try and locate and to produce an expert document to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Audlem.

Audlem Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

The best form of lease arrangement is a share of the freehold. In this situation the tenants have control and even though a managing agent is often employed if it is larger than a house conversion, the managing agent is directed by the tenants. It is important to be aware if changing the roof or some other major work is due shortly that will be shared amongst the leaseholders and will materially increase the the service costs or result in a specific invoice.