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Recently asked questions about conveyancing in Denham

Should our lawyer be asking questions concerning flooding during the conveyancing in Denham.

Flooding is a growing risk for lawyers dealing with homes in Denham. Plenty of people will purchase a property in Denham, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to offer advice on flood risk, however there are a numerous searches that can be initiated by the purchaser or on a buyer’s behalf which will figure out the risks in Denham. The standard information supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the owner to determine whether the property has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the owner, then a buyer may issue a compensation claim as a result of such an inaccurate reply. The purchaser’s lawyers will also commission an environmental report. This should reveal whether there is any known flood risk. If so, additional investigations will need to be initiated.

My wife and I own a terraced Georgian property in Denham. Conveyancing solicitor represented me and Skipton Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold with the exact same address. I'd like to know for sure, how can I find out??

You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Denham and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with the conveyancing solicitor who conducted the conveyancing.

About to purchase a new build flat in Denham. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Denham

    There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I am in need of some leasehold conveyancing in Denham. Before I set the wheels in motion I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Denham - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Notwithstanding our best efforts, we have been unsuccessful in trying to reach an agreement for a lease extension in Denham. Can the Leasehold Valuation Tribunal adjudicate on premiums?

You certainly can. We can put you in touch with a Denham conveyancing firm who can help.

An example of a Lease Extension decision for a Denham premises is Flats 8, 11 and 15 Craigmore Court 46 Murray Road in December 2013. The tribunal held that the price payable by the Applicant tenant of Flat 8 to acquire an extended lease shall be £26,438 plus £1 to the intermediate lessee . The tribunal held that the price payable by the Applicant tenants of Flat 11 to acquire an extended lease shall be £26,791 plus £1 to the intermediate lessee. The tribunal held that the price payable by the Applicant tenant of Flat 15 to acquire an extended lease shall be £26,638 plus £1 to the intermediate lessee . This case was in relation to 3 flats. The remaining number of years on the lease was 71 years.

There are plenty of houses in Denham on private roads. My wife and I are buying one such property. What would be the advantages and disadvantages of purchasing a residence on a private road?

Denham conveyancing solicitors are familiar with dealing homeson unadopted roads. The solicitor should investigate title to identify any rights or liabilities. In many cases there is a management company (wholly owned by residents) that owners pay into for the upkeep of the road. Where one exists, the road should be maintained and appear better than publicly adopted.

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