My partner and I have lately purchased a house in Harehills. We have noticed several issues with the house which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been carried out for conveyancing in Harehills?
The query is vague as to the nature of the problems and if they are unique to conveyancing in Harehills. Conveyancing searches and investigations initiated as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a seller answers a form known as a Seller’s Property Information Form. If the information turns out to be misleading, then you may have a claim against the seller 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 Harehills.
I purchased a freehold premises in Harehills but still pay rent, why is this and what is this?
It is rare for properties in Harehills and has limited impact for conveyancing in Harehills but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
I have justdiscovered that Wolstenholmes have closed. They conducted my conveyancing in Harehills for a purchase of a leasehold flat 9 months ago. How can I establish that my home is registered correctly in the name of the previous owner?
The easiest method to check if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Harehills conveyancing specialists.
I'm purchasing a new build house in Harehills with a loan from The Royal Bank of Scotland. The sellers refused to move on the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep suggested that I not to tell my lawyer about the extras as it may adversely affect my loan with the bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder 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.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Harehills is the location of the property. Can you shed any light on this issue?
Flying freeholds in Harehills are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Harehills you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Harehills may determine 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.