My husband and I are acquiring a newly constructed apartment in Northleach and my conveyancer is informing me that she is duty bound to the mortgage company to reveal incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I would rather not prolong matters. is my lawyer playing by the book?

You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.

It is is a decade since I acquired my house in Northleach. Conveyancing solicitors have now been instructed on the sale but I can't locate the title deeds. Is this a problem?

Don’t worry too much. Firstly the deeds may be with your mortgage company or they could still be with the conveyancers who handled the purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Most conveyancing in Northleach relates to registered property but in the unlikely event that your home is unregistered it is more of a problem but is not insurmountable.

Should our solicitor be raising enquiries about flooding during the conveyancing in Northleach.

Flooding is a growing risk for solicitors dealing with homes in Northleach. There are those who acquire a property in Northleach, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Lawyers are not qualified to offer advice on flood risk, but there are a number of searches that may be initiated by the purchaser or on a buyer’s behalf which will figure out the risks in Northleach. The standard completed inquiry forms given to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to determine if the premises has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the owner, then a purchaser could bring a claim for damages as a result of such an incorrect response. The buyer’s solicitors will also commission an environmental search. This should reveal if there is any known flood risk. If so, more detailed inquiries should be initiated.

Just had an offer accepted on a new build apartment in Northleach. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.

Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Northleach

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. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it more attractive. I have since discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Northleach. Conveyancing lawyers have are about to be appointed. Will they explain the issues?

Most houses in Northleach are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area who can help the conveyancing process. It is clear that you are purchasing in Northleach so you should seriously consider looking for a Northleach conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your lawyer should report to you on the legal implications.

Northleach Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

On the whole the cost for major works tend not to be included within service charges, although a few managing agents in Northleach obliged leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for major works. How many years are left on the lease? Best to be warned whether changing the roof or some other major work is pending that will be shared amongst the leasehold owners and will dramatically increase the the service charges or necessitate a one off invoice.