Will my solicitor be raising enquiries concerning flooding during the conveyancing in Birstall.

The risk of flooding is if increasing concern for lawyers dealing with homes in Birstall. There are those who acquire a property in Birstall, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to impart advice on flood risk, but there are a numerous searches that can be initiated by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Birstall. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual question of the vendor to determine whether the property has historically flooded. In the event that flooding has previously occurred which is not disclosed by the vendor, then a purchaser could bring a legal claim for losses resulting from an misleading reply. The purchaser’s conveyancers will also order an enviro report. This should disclose if there is any known flood risk. If so, further investigations should be initiated.

How does conveyancing in Birstall differ for new build properties?

Most buyers of new build property in Birstall contact us having been asked by the builder to sign contracts and commit to the purchase even before the premises is constructed. This is because developers in Birstall usually acquire the real estate, 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 property lawyers 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 used to new build conveyancing in Birstall or who has acted in the same development.

I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Birstall is where the house is located. What do you suggest?

Flying freeholds in Birstall are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Birstall you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Birstall may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.

How easy is it to use the search facility to choose a conveyancing practitioner in Birstall on the approved list for my lender?

1st select a bank such as Santander, Skipton Building Society or Clydesdale then specify your preferred area e.g. Birstall. Conveyancing practices in Birstall and nationally should be listed.

Having had my offer accepted I require leasehold conveyancing in Birstall. Before I get started I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Birstall - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Birstall Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

It is important to be aware whether fixing the lift or some other significant cost is anticipated to be shared between the leaseholders and may well materially impact the level of the maintenance costs or require a one time invoice. Who is in charge of the building? Is the freehold reversion owned collectively by the leaseholders?