My colleague recommended that if I am purchasing in Oldham I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes quoted for as part of the standard Oldham conveyancing searches. It is a large document of more than thirty pages, listing and setting out important information about Oldham around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Oldham Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Oldham Education with plans and statistics, Local Amenities and other useful information about Oldham.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Oldham?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Oldham. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Oldham differ for new build properties?
Most buyers of new build or newly converted property in Oldham approach us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because developers in Oldham 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 conveyancers 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 Oldham or who has acted in the same development.
I opted to have a survey carried out on a house in Oldham in advance of instructing solicitors. I have been told that there is a flying freehold element to the house. Our surveyor has said that some lenders tend refuse to issue a loan on a flying freehold house.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Halifax. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Oldham. Conveyancing will be smoother if you use a solicitor in Oldham especially if they are acquainted with such properties in Oldham.
Back In 2005, I bought a leasehold flat in Oldham. Conveyancing and Santander mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Oldham who acted for me is not around. Any advice?
The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Oldham conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Leasehold Conveyancing in Oldham - A selection of Queries before buying
How long is the Lease? Who are the managing agents? The prefered form of lease arrangement is if the freehold interest is owned by the leaseholders. In this scenario the leaseholders benefit from control and although a managing agent is frequently employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves.