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Recently asked questions about conveyancing in Castle Eden

I have given 2 months notice to my current landlord and have to vacate my let out property in Castle Eden by 15/11/2021. Conveyancing on my purchase is progressing. Is it possible to complete in a couple of weeks as I wish to avoid having to move into short term accommodation?

Generally one should not give notice on a rental unless exchange of contracts has taken place. Assuming that you have not previously done so, speak to your solicitor and urge them to they cajole the other side, try to get a realistic time scale from them that all parties will aim towards

Will our solicitor be raising questions about flooding as part of the conveyancing in Castle Eden.

The risk of flooding is if increasing concern for conveyancers specialising in conveyancing in Castle Eden. Plenty of people will purchase a house in Castle Eden, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not best placed to give advice on flood risk, but there are a numerous searches that may be initiated by the buyer or on a buyer’s behalf which should figure out the risks in Castle Eden. The standard property information forms sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to determine whether the property has ever been flooded. In the event that flooding has previously occurred which is not notified by the owner, then a purchaser may issue a legal claim for losses as a result of such an misleading reply. The buyer’s lawyers may also commission an environmental search. This will reveal whether there is a recorded flood risk. If so, additional inquiries will need to be made.

I bought my apartment on 2 January and my personal details is yet to be registered. Any reason for this? My conveyancing solicitor in Castle Eden said it should be formalised inside ten days. Are titles in Castle Eden particularly slow to register?

As far as conveyancing in Castle Eden registration is no quicker or slower than anywhere else in England and Wales. As opposed to being determined by geographic area, timeframes can differ depending on the party submitting the application, whether there are errors and if the Land registry communicate with any 3rd parties. Currently in the region of three quarters of submission are fully dealt with within 12 days but some can be subject to longer delays. Registration takes place after the buyer has moved in to the property so an expedited registration is not always primary concern yet where there is a degree of urgency associated with the registration then you or your conveyancer should contact the land registry and explain the circumstances.

How does conveyancing in Castle Eden differ for new build properties?

Most buyers of new build residence in Castle Eden come to us having been asked by the builder to sign contracts and commit to the purchase even before the house is finished. This is because new home sellers in Castle Eden typically buy the land, 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 conveyancers 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 Castle Eden or who has acted in the same development.

Due to the guidance of my in-laws I had a survey completed on a property in Castle Eden in advance of instructing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some banks tend not grant a loan on a flying freehold home.

It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Castle Eden. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Castle Eden to see if the conveyancing will be more expensive.

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Find out more about how flying freehold can affect your the value of a property.