Will our lawyer be raising enquiries about flooding as part of the conveyancing in Glastonbury.

Flooding is a growing risk for solicitors dealing with homes in Glastonbury. Some people will purchase a property in Glastonbury, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Conveyancers are not best placed to impart advice on flood risk, but there are a number of searches that can be initiated by the purchaser or by their solicitors which can figure out the risks in Glastonbury. The conventional set of information supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the vendor to find out whether the property has historically flooded. In the event that flooding has previously occurred which is not notified by the vendor, then a purchaser could issue a legal claim for losses stemming from an inaccurate reply. The purchaser’s lawyers may also commission an enviro report. This will disclose if there is a recorded flood risk. If so, more detailed investigations should be carried out.

I'm buying my first flat in Glastonbury with the aid of help to buy. The developers would not budge the amount so I negotiated five thousand pounds worth of extras instead. The estate agent told me not disclose to my solicitor about the deal as it could put at risk my mortgage with Godiva Mortgages Ltd. Is this normal?.

All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what should have been a quick, no chain conveyancing. Glastonbury is where the house is located. Is there any guidance you can give?

Flying freeholds in Glastonbury are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Glastonbury you would need to get your solicitor to go 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 Glastonbury 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 premises.

My partner and I may need to let out our Glastonbury ground floor flat temporarily due to a new job. We instructed a Glastonbury conveyancing practice in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Glastonbury conveyancing solicitor is not around you can check your lease to see if you are permitted to let out the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must seek permission from your landlord or other appropriate person in advance of subletting. This means that you cannot sublet without first obtaining permission. The consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Leasehold Conveyancing in Glastonbury - A selection of Questions you should consider before buying

What is the length of the lease? Most Glastonbury leasehold flats will incur a service bill for the upkeep of the block invoiced by the landlord. Should you buy the property you will have to pay this amount, usually in instalments throughout the year. This may be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent for you to pay yearly, this is usually not a large sum, say around £25-£75 but you need to enquire as occasionally it can be many hundreds of pounds. It would be prudent to investigate if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in in a block in Glastonbury. If you love the propertyin Glastonbury however your dog can’t live with you then you will be presented with a difficult compromise.

We own a leasehold flat in Glastonbury. Conveyancing was finished in 21012. I have read on numerous advice forums that I mustn’t let the the remaining lease term to get too short. Why is that a problem?

Glastonbury domestic long term leases are for a fixed period - normally just under one hundred years when they commenced. However many flats in Glastonbury were constructed or converted in the 60’s and so such leases now have under eighty years unexpired. That may seem like a long time however Banks, Building Societies and other mortgage companies tend to need leases to have at least seventy five years left to adequate security. Accordingly when you come to sell the property you will need to extend the term of your lease if you are getting close to 75 years. To optimize your property value you should be considering whether to extend your lease well in advance of selling the property. Furthermore advantages to doing so before the lease hits eighty years as when the lease falls below 80 years the amount to be paid to extend starts to increase.