Have just purchased a repossessed house at auction in Exeter. Conveyancing is required. What are my next steps?

Now that you have legally bound yourself to purchase you will need to hire the services of a conveyancing lawyer soon as you will have a tight a fixed date to complete the purchase. All auction property will ordinarily have a corresponding legal set of papers. This will likely include most,if not all of the paperwork that your lawyer will need. If you have purchased leasehold property the conveyancing papers should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to leasehold premises. You should give this to the conveyancer working for you ASAP. You also need to ensure that that you have the requisite funding in order to complete on the date specified in the contract.

Forgive me if this question is silly but I am unexperienced as a first time purchaser of a two bedroom flat in Exeter. Do I pick up the keys to the house on completion from my solicitor? If this is the case, I will use a local conveyancing solicitor in Exeter?

On the day of completion you will not be required to attend the conveyancers office in Exeter. Conveyancing lawyers for you will arrange to send the purchase money to the owner’s conveyancers, and shortly after the monies have arrived, you should be invited to pick up the keys from the selling Agents and start moving into the property. Usually this occurs early afternoon.

We are purchasing a terrace house in Exeter. We would like to an extension at the rear at the property.Will legal investigations on the property include investigations to see if these works are prohibited?

Your property lawyer will check the deeds as conveyancing in Exeter will occasionally identify restrictions in the title documents which restrict certain alterations or need the permission of another owner. Some additions need local authority planning consent and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be prudent to check these issues with a surveyor ahead of any purchase.

Will my lawyer be asking questions about flooding during the conveyancing in Exeter.

Flooding is a growing risk for conveyancers dealing with homes in Exeter. Some people will acquire a property in Exeter, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to impart advice on flood risk, but there are a numerous checks that can be initiated by the buyer or on a buyer’s behalf which will figure out the risks in Exeter. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to find out if the property has historically flooded. In the event that the premises has been flooded in past and is not disclosed by the owner, then a buyer may bring a claim for damages as a result of such an misleading response. A buyer’s lawyers should also commission an environmental report. This should indicate if there is any known flood risk. If so, additional inquiries will need to be conducted.

Me and my brother have a 4 bedroom Victorian property in Exeter. Conveyancing practitioner acted for me and Clydesdale. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the matching address. I thought I was buying a freehold how can I check?

You need to review 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 Exeter and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with the conveyancing lawyer who conducted the purchase.

I only have 68 years unexpired on my flat in Exeter. I need to get lease extension but my freeholder is can not be found. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent would be helpful to try and locate and to produce an expert document to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Exeter.

Exeter Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

Who manages the block? Are any of leasehold owners in arrears of their service charge liability? It is important to be aware if changing the roof or some other significant cost is due shortly that will be shared by the leaseholders and will dramatically impact the level of the maintenance costs or result in a one off payment.

What is the distinction between surveying and conveyancing in Exeter?

Conveyancing - in Exeter or elsewhere - is the process of legally transferring legal title of property from one person to another. It therefore includes the investigation of the title. Whether buying or selling, you should be aware of anything affecting the property such as proposals by government departments, illegal buildings, or outstanding rates. The conveyancer should conduct the appropriate searches and inquiries on the property. Surveying relates to the structure of a property itself. A surveyor will look at a house, flat and any outbuildings you are buying and will help you discover the condition of the building and, if there are problems, give you leverage for negotiating the buying price down or asking the seller to remedy the problems before you complete your move.