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Recently asked questions about conveyancing in Wadhurst

Should our lawyer be raising enquiries regarding flooding during the conveyancing in Wadhurst.

Flooding is a growing risk for lawyers specialising in conveyancing in Wadhurst. There are those who buy a property in Wadhurst, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Solicitors are not best placed to give advice on flood risk, but there are a number of searches that can be carried out by the purchaser or by their conveyancers which will figure out the risks in Wadhurst. The conventional set of completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the vendor to find out whether the premises has suffered from flooding. In the event that the property has been flooded in past and is not notified by the vendor, then a purchaser may issue a legal claim for losses as a result of such an incorrect reply. The purchaser’s lawyers should also carry out an enviro report. This will disclose if there is a recorded flood risk. If so, more detailed investigations will need to be carried out.

3 months have elapsed following my purchase conveyancing in Wadhurst took place. I have checked the Land Registry site which shows that I paid £175,000 when infact I paid £170,000. Why the discrepancy?

The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.

I am looking for a leasehold apartment up to £305k and identified one close by in Wadhurst I like with amenity areas and railway links nearby, the downside is that it's only got 49 remaining years left on the lease. There is not much else in Wadhurst for this price, so just wondered if I would be making a mistake buying a short lease?

If you require a mortgage the shortness of the lease may be a potential deal breaker. Reduce the offer by the expected lease extension will cost if it has not already been discounted. If the existing owner has owned the property for a minimum of 2 years you could request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.

Am I best advised to appoint a Wadhurst conveyancing solicitor who is local to the property I am hoping to buy? I have an old university friend who can conduct the conveyancing however his firm is located a couple of hundredkilometers drive away.

The benefit of a local Wadhurst conveyancing firm is that you can visit the firm to sign documents, present your identification documents and pester them where appropriate. Having local Wadhurst know how is a benefit. However it's more important to get someone that will pull out all the stops for you. If you know people who used your friend and the majority were impressed that must outweigh using an unknown Wadhurst conveyancing solicitor just because they are round the corner.

My wife and I purchased a leasehold flat in Wadhurst. Conveyancing and The Mortgage Works mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Wadhurst who acted for me is not around. Do I pay?

The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Wadhurst conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Wadhurst Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

    Please tell me if there are any major works on the horizon that will likely add a premium to the maintenance charges? It would be sensible to discover as much as you can regarding the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to day to day matters like the upkeep of the common parts. Enquire of other tenants if they are happy with them. In conclusion, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and specifically what it includes. Best to be warned if window replacement or some other major work is anticipated to be shared amongst the leaseholders and could well dramatically increase the the service fees or result in a specific invoice.

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