It is 10 years ago since I bought my house in Alcester. Conveyancing solicitors have recently been retained on the sale but I can't find the deeds. Is this a major issue?
You need not be too concerned. First there is a chance that the deeds will be kept by your mortgage company or they may stored with the lawyers who handled the purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. Almost all conveyancing in Alcester relates to registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
Should my lawyer be asking questions concerning flooding as part of the conveyancing in Alcester.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Alcester. There are those who acquire a house in Alcester, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, however there are a numerous checks that may be undertaken by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Alcester. The standard completed inquiry forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to find out if the premises has ever been flooded. If flooding has previously occurred and is not revealed by the seller, then a purchaser may commence a compensation claim stemming from an misleading response. The purchaser’s lawyers will also commission an enviro report. This will indicate if there is a recorded flood risk. If so, further investigations will need to be initiated.
My wife and I purchased a semi-detached Georgian house in Alcester. Conveyancing practitioner represented me and Accord Mortgages Ltd. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register as there may be 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 Alcester and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with your conveyancing solicitor who conducted the conveyancing.
How does conveyancing in Alcester differ for newly converted properties?
Most buyers of new build premises in Alcester approach us having been asked by the builder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because house builders in Alcester usually acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Alcester or who has acted in the same development.
My folks cant seem to find their Alcester property on the HM Land Registry website. They have a vague recollection back in the 70’s when they bought the property there were complications regarding the post code not being recognised in some systems.
The vast majority of properties in Alcester should appear. Have you limited your search with just the postcode. Usually it should identify all the houses and flats within the postcode. Assuming the property is registered it will show up with a title number. If they bought fifty years ago it's conceivable it may be not yet registered. The address may still be revealed but with the title number identified as 'na'. In this scenario you will need to find the original title deeds which might be with your parent’s bank.