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Recently asked questions about conveyancing in North Cheam

Should our lawyer be asking questions regarding flooding during the conveyancing in North Cheam.

Flooding is a growing risk for conveyancers dealing with homes in North Cheam. Plenty of people will purchase a house in North Cheam, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, but there are a numerous checks that can be undertaken by the purchaser or on a buyer’s behalf which will figure out the risks in North Cheam. The standard information given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the owner to discover whether the premises has ever been flooded. If flooding has previously occurred and is not disclosed by the owner, then a purchaser could issue a legal claim for losses as a result of such an incorrect response. The buyer’s lawyers may also commission an enviro search. This will indicate if there is a recorded flood risk. If so, further investigations should be made.

Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a simple, chain free conveyancing. North Cheam is where the house is located. What do you suggest?

Flying freeholds in North Cheam are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside North Cheam you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in North Cheam 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 residence.

What does commercial conveyancing in North Cheam cover?

North Cheam conveyancing for business premises incorporates a broad range of services, given by qualified solicitors, relating to business premises. By way of example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.

I have been sourcing a conveyancing solicitor in North Cheam for my purchase. Is it possible to review a firm’s record with the profession’s regulator?

One may read presented Solicitor Regulator Association (SRA) decisions resulting from inquisitions commenced on or after 1 January 2008. Visit Check a solicitor's record. For records Pre 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The regulator could monitor telephone calls for training purposes.

What are the common deficiencies that you witness in leases for North Cheam properties?

Leasehold conveyancing in North Cheam is not unique. Most leases are unique and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

    A duty to insure the building Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Skipton Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

North Cheam Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

    What is the the remaining lease term? Please note that where the lease has fewer than 80 years it will have adverse implications on the marketability of the property. Check with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would need to own the residence for a couple of years before you are legally able to extend the lease. Is there a share of the freehold?

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Find out more about how flying freehold can affect your the value of a property.