I have been told that property searches are the primary reason for delay in Christchurch conveyancing transactions. Is this right?

The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of delays during the legal transfer of property. Local searches are unlikely to feature in any delay in conveyancing in Christchurch.

I used Arc property Solicitors several years ago for my conveyancing in Christchurch. I now require my file but cannot find the solicitor. What do I do?

You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Christchurch of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

I am buying a new build house in Christchurch with a loan from Bank of Ireland. The sellers refused to budge the amount so I negotiated 6k of fixtures and fittings instead. The property agent suggested that I not reveal to my solicitor about the deal as it may affect my loan with the bank. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Last February I purchased a leasehold property in Christchurch. Do I have any liability for service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 ensure 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).

Christchurch Leasehold Conveyancing - A selection of Queries before buying

How many of the leaseholders are in arrears for their maintenance charge payments? What is the name of the managing agents? For most Christchurch leaseholds the outlay for major works are not wrapped into the maintenance charges, although some managing agents in Christchurch ask tenants to contribute towards a sinking fund created for the specific intention of establishing a fund for major repairs or maintenance.

My brother completed his conveyancing in Christchurch 7 years ago. He has got married, widowed and has recently married again. He now wishes to dispose of the Christchurch property. I think he will just be requested to provide a copy of his marriage certificates to the lawyer however he is concerned it will hold up the conveyancing. Should he instruct a conveyancing practitioner to update the title documents for the property?

It is not absolutely necessary to bring up to date the title for the property providing you have the evidence needed to show how the name change occurred.

The buyer’s lawyer should review the land registry details and requisition evidence to establish the name change for example marriage documentation.