Should my lawyer be asking questions concerning flooding during the conveyancing in Belvedere.

The risk of flooding is if increasing concern for solicitors conducting conveyancing in Belvedere. There are those who acquire a house in Belvedere, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.

Lawyers are not best placed to impart advice on flood risk, however there are a number of searches that can be carried out by the purchaser or by their solicitors which will give them a better understanding of the risks in Belvedere. The conventional set of completed inquiry forms sent to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to discover if the property has ever been flooded. If the premises has been flooded in past which is not disclosed by the seller, then a buyer may issue a claim for damages as a result of such an incorrect response. A purchaser’s lawyers should also order an enviro search. This will disclose whether there is a recorded flood risk. If so, further inquiries should be carried out.

My wife and I purchased a renovated Edwardian property in Belvedere. Conveyancing solicitor acted for me and Bank of Scotland. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold under the exact same address. I thought I was buying a freehold how can I check?

You need to read 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 Belvedere and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing practitioner who carried out the work.

I'm purchasing my first flat in Belvedere with a loan from Coventry Building Society. The developers refused to reduce the price so I negotiated £7000 of extras instead. The sale representative suggested that I not to tell my lawyer about the extras as it would impact my loan with Coventry Building Society. Do I keep my lawyer in the dark?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I have been on the look out for a leasehold apartment up to £305k and found one round the corner in Belvedere I like with amenity areas and station nearby, the downside is that it only has 51 years on the lease. There is not much else in Belvedere for this price, so just wondered if I would be making a grave error buying a short lease?

If you require a mortgage the remaining unexpired lease term will likely be problematic. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for at least twenty four months you could ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer about this.

How does the Landlord & Tenant Act 1954 affect my commercial property in Belvedere and how can you help?

The particular law that you refer to affords security of tenure to business lessees, giving them the a statutory right to apply to court for a new tenancy and continue in occupation when the lease reaches an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and help with commercial conveyancing in Belvedere