Should my conveyancer be raising enquiries concerning flooding during the conveyancing in Hungerford.
Flooding is a growing risk for lawyers carrying out conveyancing in Hungerford. Some people will acquire a property in Hungerford, completely expectant that at some time, it may suffer from flooding. 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 insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to offer advice on flood risk, but there are a number of searches that can be initiated by the buyer or by their solicitors which should give them a better appreciation of the risks in Hungerford. The standard completed inquiry forms given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the seller to discover whether the premises has historically flooded. In the event that flooding has previously occurred which is not revealed by the owner, then a purchaser may commence a legal claim for losses resulting from an misleading answer. A buyer’s solicitors should also order an enviro report. This should reveal if there is a recorded flood risk. If so, more detailed inquiries should be conducted.
How does conveyancing in Hungerford differ for newly converted properties?
Most buyers of new build property in Hungerford come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the residence is ready to move into. This is because builders in Hungerford tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Hungerford or who has acted in the same development.
Yesterday I discovered 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. Hungerford is where the house is located. Can you shed any light on this issue?
Flying freeholds in Hungerford are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hungerford you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hungerford 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 residence.
I work for a long established estate agent office in Hungerford where we see a number of leasehold sales derailed due to short leases. I have received conflicting advice from local Hungerford conveyancing firms. Could you clarify whether the seller of a flat can start the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Hungerford Leasehold Conveyancing - A selection of Queries Prior to Purchasing
Many Hungerford leasehold flats will have a service charge for the upkeep of the block levied on behalf of the management company. Should you buy the flat you will have to pay this liability, normally quarterly throughout the year. This may be anything from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all probability there will be a ground rent for you to pay annual, this is usually not a large amount, say around £25-£75 but you need to enquire it because occasionally it could be many hundreds of pounds. Does the lease have more than 85 years left? In the main the outlay for major works tend not to be included within service charges, albeit that there some managing agents in Hungerford require leaseholders to contribute towards a reserve fund and this is used to offset against major works.
Do online conveyancing organisations undertake everything a local Hungerford solicitor does or must I retain a solicitor for the final stages for my conveyancing in Hungerford?
Where you instruct an online conveyancer they will undertake all the work your Hungerford solicitor would cover.