My partner and I have lately acquired a house in Braunton. We have noticed several problems with the house which we suspect were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Braunton?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Braunton. Conveyancing searches and due diligence initiated during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller answers a questionnaire called a Seller’s Property Information Form. If the information is misleading, then you may have a claim against the owner 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 Braunton.
My grandmother passed away last year and as sole heir and executor I was left the property in Braunton. The house had a relatively small loan left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this allowed?
If you intend to re-mortgage then Bank of Ireland will insist on your using a conveyancer on the Bank of Ireland conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Bank of Ireland conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Bank of Ireland mortgage is registered as a charge at the Land Registry.
I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a straight forward, chain free conveyancing. Braunton is where the house is located. Is there any advice you can impart?
Flying freeholds in Braunton are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Braunton you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Braunton 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 residence.
Am I right to be wary about brokers that I am dealing with are recommending an online conveyancing firm rather than a High Street Braunton conveyancing practice?
As is the case with many professional services, often suggestions from family and friends can be worth their weight in gold. Yet there are lots of players in a conveyancing matter; estate agents, financial adviser and mortgage companies may recommend solicitors to retain. Sometimes these conveyancers might be known to one of the organisations as one of the best in their field, but occasionally there is an underlying commercial relationship behind the recommendation. You have the right to choose your preferred lawyer. However, bear in mind that the majority of lenders specify a panel list of law firms you are obliged to use for the mortgage aspect of your home move.
In my capacity as executor for the estate of my uncle I am selling a residence in Neath but reside in Braunton. My lawyer (who is 260 kilometers from mehas requested that I execute a statutory declaration before completion. Can you recommend a conveyancing lawyer in Braunton to attest this legal document for me?
Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will suffice regardless of whether they are Braunton based