As someone with no idea as to the Exmoor conveyancing process what is your top tip you can impart for the ownership transfer in Exmoor

You may not hear this from too many lawyers but conveyancing in Exmoor and elsewhere in Somerset is often a confrontational experience. Put another way, when it comes to conveyancing there is plenty of room for conflict between you and other parties involved in the legal transfer of property. E.g., the seller, property agent and on occasion the bank. Selecting a solicitor for your conveyancing in Exmoor an important selection as your conveyancer is your adviser, and is the ONLY party in the legal process whose interest is to protect your legal interests and to keep you safe.

Sometimes a third party with a vested interest may attempt to convince you that you should follow their advice. For instance, the property agent may claim to be assisting by suggesting your solicitor is dragging his heels. Or your financial adviser may tell you to do something that is against your solicitors advice. You should always trust your lawyer above all other parties in the home moving process.

Should my conveyancer be making enquiries about flooding as part of the conveyancing in Exmoor.

The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Exmoor. There are those who buy a property in Exmoor, fully expectant that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to impart advice on flood risk, however there are a various searches that can be undertaken by the purchaser or by their lawyers which should give them a better appreciation of the risks in Exmoor. The conventional set of property information forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to find out whether the premises has historically flooded. In the event that the property has been flooded in past and is not notified by the owner, then a buyer may bring a compensation claim as a result of such an inaccurate response. A purchaser’s conveyancers should also carry out an environmental search. This should reveal if there is any known flood risk. If so, additional investigations should be carried out.

I am buying a new build flat in Exmoor. Conveyancing is a frightening process 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 is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Exmoor

Forfeiture - bankruptcy or liquidation must not apply under this provision. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please confirm the Lease plans are surveyor prepared. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.

I decided to have a survey completed on a property in Exmoor before appointing solicitors. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some banks tend refuse to issue a mortgage on such a premises.

It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Exmoor. Conveyancing may be slightly more expensive based on your lender's requirements.

Do you have any advice for leasehold conveyancing in Exmoor from the point of view of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Exmoor can be avoided where you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers’ conveyancers.
If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than unsettled. Many freeholders or managing agents in Exmoor charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Exmoor. If you hold a share in a the Management Company, you should make sure that you have the original share document. Organising a duplicate share certificate can be a time consuming formality and frustrates many a Exmoor home move. If a new share is needed, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity. Some Exmoor leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.

Leasehold Conveyancing in Exmoor - Examples of Questions you should consider before buying

The answer will be helpful as a) areas could result in problems for the block as the communal areas may begin to deteriorate where repairs remain unpaid b) if the leasehold owners have an issue with the managing agents you will wish to know about it It is important to be aware if a new roof is being installed or some other major work is anticipated to be shared amongst the leaseholders and could well materially impact the level of the maintenance costs or result in a one off payment. Is there a share of the freehold?