Should our solicitor be raising enquiries concerning flooding as part of the conveyancing in Boroughbridge.

Flooding is a growing risk for lawyers dealing with homes in Boroughbridge. There are those who purchase a house in Boroughbridge, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not best placed to give advice on flood risk, but there are a number of searches that can be undertaken by the buyer or by their conveyancers which will give them a better understanding of the risks in Boroughbridge. The conventional set of information sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to find out if the property has historically flooded. In the event that the residence has been flooded in past and is not disclosed by the owner, then a buyer could issue a compensation claim as a result of such an misleading answer. A buyer’s lawyers should also commission an enviro report. This should indicate if there is any known flood risk. If so, additional inquiries should be initiated.

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

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Boroughbridge. 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…’

How does conveyancing in Boroughbridge differ for newly converted properties?

Most buyers of new build property in Boroughbridge contact us having been asked by the builder to sign contracts and commit to the purchase even before the premises is ready to move into. This is because developers in Boroughbridge tend to buy 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 accustomed to new build conveyancing in Boroughbridge or who has acted in the same development.

I need to appoint a conveyancing solicitor for some conveyancing in Boroughbridge. I have chance upon a site which looks to be the ideal answer If it is possible to get all the legals done via web that would be ideal. Do I need to be concerned? What should out be looking out for?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

Last March I purchased a leasehold house in Boroughbridge. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Boroughbridge Leasehold Conveyancing - Examples of Queries before Purchasing

How many of the leaseholders are in arrears for their service charge payments? In the main the outlay for major works are not wrapped into the service charges, although there some managing agents in Boroughbridge require leaseholders to contribute towards a reserve fund created for the specific intention of establishing a fund for larger repairs or maintenance. It is important to be aware whether window replacement or some other major work is due in the foreseeable future that will be shared by the tenants and could well materially impact the level of the service costs or require a one time invoice.