It is 10 years ago since I bought my home in Balsall Common. Conveyancing lawyers have recently been instructed on the sale but I can't locate the deeds. Is this a major issue?

You need not be too concerned. Firstly the deeds may be with the mortgage company or they could still be with the lawyers who oversaw the purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Balsall Common relates to registered property but in the rare situation where your home is not registered it adds to the complexity but is resolvable.

Will our conveyancer be raising enquiries regarding flooding during the conveyancing in Balsall Common.

The risk of flooding is if increasing concern for lawyers conducting conveyancing in Balsall Common. Plenty of people will buy a house in Balsall Common, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Conveyancers are not qualified to impart advice on flood risk, but there are a number of searches that may be undertaken by the purchaser or by their solicitors which can figure out the risks in Balsall Common. The standard information sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to find out whether the premises has suffered from flooding. If flooding has previously occurred which is not notified by the owner, then a buyer could commence a claim for damages as a result of such an misleading response. A buyer’s conveyancers may also conduct an environmental report. This will higlight whether there is a recorded flood risk. If so, additional investigations should be carried out.

Due to the guidance of my in-laws I had a survey completed on a property in Balsall Common ahead of instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. My surveyor advised that some banks may not issue a loan on such a premises.

It depends who your proposed lender is. Bank of Scotland has different instructions for example to Halifax. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Balsall Common. Conveyancing will be smoother if you use a solicitor in Balsall Common especially if they regularly deal with such properties in Balsall Common.

I need to instruct a conveyancing lawyer in Balsall Common for my house move. Is there any facility to check a solicitor's record with the profession’s regulator?

You may search for presented Solicitor Regulator Association (SRA) decisions arising from investigations commenced on or after Jan 2008. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, dial +44 (0)121 329 6800. The SRA may monitor telephone calls for training purposes.

I am employed by a long established estate agent office in Balsall Common where we have experienced a number of leasehold sales put at risk due to short leases. I have been given conflicting advice from local Balsall Common conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Balsall Common Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

How is the lease structured? Please tell me if there are any major works in the planning that could add a premium to the service costs? If a Balsall Common lease has no more than eighty years it will affect the marketability of the apartment. Check with your bank that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will most likely have to extend the lease at some point and it is worth finding out how much this would cost. For most Balsall Commonlease extensions you will be required to have owned the premises for 24 months before you are legally able to carry out a lease extension.