My wife and I have lately purchased a property in Derbyshire. We have noticed several problems with the property which we consider were overlooked in the conveyancing searches. What action can we take? What searches should? have been conducted as part of conveyancing in Derbyshire?
The query is not clear as what problems have arisen and if they are specific to conveyancing in Derbyshire. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner answers a document called a SPIF. answers turns out to be inaccurate, you could possibly take legal action 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 Derbyshire.
is it true that all Derbyshire conveyancing solicitors on the Co-operative conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Co-operative approved list of solicitors they would need to be regulated by the SRA. The majority of lenders do list licenced conveyancers on their panel and in that case the organisation would be overseen by the CLC.
The mortgage over my property is with Skipton for my property in Derbyshire. Conveyancing has been completed 12 months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Skipton?
You must advise Skipton prior to renting your property as this is likely to be a breach of Skipton’s mortgage conditions. It may be that Skipton will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Skipton directly. You need not do this via a Skipton conveyancing panel lawyer.
I recently had an offer agreed on an apartment in Derbyshire. My financial adviser pressured me to appoint their solicitor. I paid an advanced payment of £225. Shortly after, the property lawyer contacted me sheepishly admitting that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
My wife and I purchased a semi-detached Edwardian property in Derbyshire. Conveyancing practitioner represented me and Barclays Direct. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, the second leasehold with the matching property. I thought I was buying a freehold how can I check?
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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Derbyshire and other locations in 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 lenders. You can also check the position with the conveyancing practitioner who conducted the conveyancing.
I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a simple, chain free conveyancing. Derbyshire is the location of the property. Can you shed any light on this issue?
Flying freeholds in Derbyshire are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Derbyshire you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Derbyshire may ascertain 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 property.
I've recently bought a leasehold house in Derbyshire. Do I have any liability for service charges relating to a period prior to completion of my purchase?
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. 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).
I own a ground floor flat in Derbyshire, conveyancing was carried out June 2001. Can you please calculate a probable premium for a statutory lease extension? Equivalent flats in Derbyshire with an extended lease are worth £222,000. The ground rent is £50 charged once a year. The lease finishes on 21st October 2090
With 70 years unexpired the likely cost is going to range between £9,500 and £11,000 as well as professional fees.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.