Should my conveyancer be raising enquiries concerning flooding as part of the conveyancing in Herne Hill.

Flooding is a growing risk for conveyancers dealing with homes in Herne Hill. There are those who buy a house in Herne Hill, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not best placed to offer advice on flood risk, however there are a numerous checks that can be carried out by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Herne Hill. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to discover whether the property has ever been flooded. If the residence has been flooded in past and is not revealed by the seller, then a buyer could commence a legal claim for losses as a result of such an misleading response. The buyer’s solicitors may also order an enviro report. This will higlight whether there is a recorded flood risk. If so, more detailed inquiries will need to be made.

I have todaybeen informed that Stirling Law have been shut down. They carried out my conveyancing in Herne Hill for a purchase of a freehold house 10 months ago. How can I be sure that my home is in my name in the name of the previous owner?

The easiest method to see if the property is registered to you, 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 Herne Hill conveyancing specialists.

The estate agent has sent us the confirmation of our purchase of a new build flat in Herne Hill. Conveyancing is necessary evil 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 conveyancing.

Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Herne Hill

Forfeiture - bankruptcy or liquidation must not apply under this provision. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

I was advised by a few property agents in Herne Hill to get a quote from a solicitor using your seach tool. Is there a financial advantage for Estate Agents to recommend your services over and above alternative conveyancing organisations?

We refuse to make any financial incentive for sending work in our direction. We thought it would be too underhand to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.

Having checked my lease I have discovered that there are only 72 years unexpired on my lease in Herne Hill. I need to get lease extension but my freeholder is absent. 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 an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. On the whole a specialist would be helpful to carry out a search and prepare an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Herne Hill.

I have given up trying to purchase the freehold in Herne Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?

You certainly can. We can put you in touch with a Herne Hill conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Herne Hill flat is 66 Southwell Road in March 2012. By Order of Deputy District Judge Stone dated 25 January 2012 a vesting order was made. The determination of the purchase price was referred to the Tribunal who decided that the amount payable for the freehold should be£29,612.00 This case was in relation to 3 flats. The unexpired term was 72.58 years.