Last May we completed a house move in Nailsworth. We have since encountered a number of problems with the house which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been conducted for conveyancing in Nailsworth?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Nailsworth. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor fills in a document known as a Seller’s Property Information Form. If the information turns out to be inaccurate, you could possibly take legal action against the owner 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 Nailsworth.
It is 10 years ago since I bought my house in Nailsworth. Conveyancing lawyers have recently been appointed on the sale but I am unable to track down my title documents. Will this cause complications?
You need not be too concerned. First the deeds may be kept by the lender or they could stored with the solicitor who oversaw the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Most conveyancing in Nailsworth relates to registered property but in the unlikely event that your home is unregistered it is more tricky but is resolvable.
Should commercial conveyancing searches reveal impending roadworks that may affect a commercial property in Nailsworth?
Its becoming the norm that commercial conveyancing solicitors in Nailsworth will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in sourcing accurate data on highways that impact buildings and development assets in Nailsworth. The report provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Nailsworth.
For each commercial conveyancing transaction in Nailsworth it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately could result in delays to Nailsworth commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not ordered for residential conveyancing in Nailsworth.
How does conveyancing in Nailsworth differ for new build properties?
Most buyers of new build property in Nailsworth come to us having been asked by the developer to sign contracts and commit to the purchase even before the house is finished. This is because house builders in Nailsworth typically purchase 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 accustomed to new build conveyancing in Nailsworth or who has acted in the same development.
I am looking for a flat up to £245,000 and identified one round the corner in Nailsworth I like with open areas and transport links in the vicinity, however it only has 49 years on the lease. I can't really find anything else in Nailsworth in this price bracket, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you require a home loan the shortness of the lease will be problematic. Discount the price by the amount the lease extension will cost if not already taken into account. If the current owner has owned the premises for at least 2 years you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease term with a zero ground rent applied. You should speak to your conveyancing solicitor regarding this.