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Recently asked questions about conveyancing in Aston Clinton

Will our lawyer be making enquiries concerning flooding as part of the conveyancing in Aston Clinton.

Flooding is a growing risk for conveyancers dealing with homes in Aston Clinton. Some people will purchase a house in Aston Clinton, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Conveyancers are not best placed to give advice on flood risk, but there are a various checks that can be carried out by the purchaser or by their lawyers which can give them a better understanding of the risks in Aston Clinton. The conventional set of completed inquiry forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to find out whether the property has suffered from flooding. If the premises has been flooded in past which is not disclosed by the owner, then a purchaser could issue a compensation claim resulting from an inaccurate reply. The purchaser’s solicitors should also carry out an environmental report. This will higlight whether there is any known flood risk. If so, further investigations will need to be carried out.

I used Stirling Law several years past for my conveyancing in Aston Clinton. I now require my papers but the law firm is no longer operating. What do I do?

You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Aston Clinton of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

Just had an offer accepted on a new build flat in Aston Clinton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Aston Clinton

    Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision.

Due to the input of my in-laws I had a survey completed on a house in Aston Clinton ahead of instructing lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies will refuse to grant a mortgage on this type of home.

It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. If you e-mail us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Aston Clinton. Conveyancing may be slightly more expensive based on your lender's requirements.

My father-in-law has encouraged me to appoint his conveyancing solicitors in Aston Clinton. Should I choose my own property lawyer?

Much as we are happy to recommend a Aston Clinton conveyancing lawyer it’s preferable to find a conveyancing practitioner is to seek guidance from friends or family who have previously instructed the conveyancer that you are contemplating using.

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Find out more about how flying freehold can affect your the value of a property.