Is the fact that my conveyancer in Datchet is not on my bank's solicitor panel that there is a problem with the quality of her conveyancing?
That would more than likely be a wrong assumption to make. There are all sorts of perfectly plausible explanations. A recent report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Datchet conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
Last May we completed a house move in Datchet. We have noticed several problems with the property which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been conducted as part of conveyancing in Datchet?
The query is vague as to the nature of the problems and if they are unique to conveyancing in Datchet. Conveyancing searches and investigations initiated during the buying process are carried out to help avoid problems. As part of the process, the vendor fills in a questionnaire referred to as a Seller’s Property Information Form. If the information ends up being incorrect, you may have a misrepresentation claim 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 Datchet.
We are buying a property and the solicitor has raised the issue of Chancel Repair for which the house may be liable because it falls into the area of such a church. He has suggested insurance. Is this strictly warranted for conveyancing in Datchet
Unless a prior acquisition of the property took place post 12 October 2013 you can take it that conveyancing practitioners handling conveyancing in Datchet to remain recommending a chancel search and or chancel repair liability policy.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Datchet?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Datchet. 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…’
Last March I purchased a leasehold flat in Datchet. Am I liable to pay 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).
Leasehold Conveyancing in Datchet - Sample of Questions you should ask Prior to buying
Are there any major works on the horizon that could increase the service charges? Is there a share of the freehold? Are any of leasehold owners in arrears of their service charge payments?