I am purchasing a property for cash in Bodmin. I have been residing for the previous 20 years in Bodmin. Conveyancing searches are a lot of money. Given that I have knowledge of the road and vicinity intimately should I not bother getting the solicitor to do all the conveyancing searches?

In the absence of a mortgage, then almost all of the Bodmin conveyancing searches are at your discretion. Your lawyer will try and sway you, perhaps strongly, that you should have searches carried out, but he has a professional duty to do this. Do bear in mind; if you are intend to dispose of the house one day, it will likely be be of importance to your future buyer what the searches contain. On occasion premises with functional issues can still throw up unpredicted search results. A competent conveyancing solicitor in Bodmin will provide you some practical guidance concerning this.

Me and my partner are buying a apartment in Bodmin. I might seem paranoid but how we can trust a solicitor? On the day of competition we will need to put our life savings into their account. What is the protection we have from them run away with our deposit?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

Is it the case that all Bodmin CQS (Conveyancing Quality Scheme) solicitors are on the Yorkshire BS conveyancing list of approved firms?

It is true that some lenders now utilise the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of conveyancing solicitors.

When it comes to mortgage companies such as Santander, do Bodmin lawyers have to pay a yearly amount to be on the list of approved solicitors?

We are unaware of any bank fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.

I require fast conveyancing in Bodmin as I am under a deadline to sign on the dotted line within one month. Luckily I do not need a mortgage. Is it possible to escape the need for conveyancing searches to save money and time?

If.Given you are are a mortgage free purchaser you have the choice not to have searches carried out although no law firm would recommend that you don't. Drawing on our experience of conveyancing in Bodmin the following are instances of issues that can show up and adversely affect market value: Refused Planning Applications, Overdue Charges, Outstanding Grants, Road Schemes,...

Are there restrictive covenants that are commonly picked up during conveyancing in Bodmin?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Bodmin. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I work for a reputable estate agency in Bodmin where we have experienced a few flat sales derailed as a result of short leases. I have received inconsistent advice from local Bodmin conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

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.

Bodmin Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

Plenty Bodmin leasehold flats will have a service charge for maintenance of the building set by the freeholder. If you purchase the apartment you will have to meet this amount, normally in instalments during the year. This could differ from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all likelihood there will be a ground rent for you to pay annual, this is usually not a significant figure, say approximately £25-£75 but you need to enquire it because occasionally it can be surprisingly expensive. It is important to be aware if changing the roof or some other significant cost is coming up to be shared by the leasehold owners and will dramatically increase the the service fees or result in a specific payment. The prefered form of lease structure is a share of the freehold. In this arrangement the tenants benefit from control and although a managing agent is frequently employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.