Last December we completed a house move in Bolsover. We have noticed several issues with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been carried out for conveyancing in Bolsover?
The question is vague as what problems have arisen and if they are relate to conveyancing in Bolsover. Conveyancing searches and investigations initiated during the legal transfer of property are supposed to help avoid problems. As part of the process, the vendor answers a questionnaire known as a SPIF. answers provided is inaccurate, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Bolsover.
I am the registered owner of a freehold residence in Bolsover but still charged rent, why is this and what is this?
It’s unusual for properties in Bolsover and has limited impact for conveyancing in Bolsover but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be extinguished.
We're in Bolsover, First timers buying with a mortgage (lender is Coventry BS , and our solicitor is on the Coventry BS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Coventry BS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a quick, no chain conveyancing. Bolsover is where the house is located. Can you shed any light on this issue?
Flying freeholds in Bolsover are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bolsover you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bolsover may decide 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 property.
I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Bolsover. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?
The majority of houses in Bolsover are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Bolsover in which case you should be shopping around for a Bolsover conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.
Bolsover Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying
How long is the Lease? Make sure you investigate if there are any onerous restrictions in the lease. For example some leases prohibit pets being permitted in certain buildings in Bolsover. If you like the flatin Bolsover however your dog can’t live with you then you have a very difficult decision.