Should my solicitor be making enquiries about flooding as part of the conveyancing in Prestwich.
The risk of flooding is if increasing concern for lawyers carrying out conveyancing in Prestwich. Plenty of people will acquire a property in Prestwich, fully aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a number of searches that can be initiated by the purchaser or by their lawyers which will give them a better understanding of the risks in Prestwich. The conventional set of property information forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard question of the owner to find out whether the property has historically flooded. In the event that flooding has previously occurred which is not revealed by the seller, then a buyer could issue a claim for damages stemming from an misleading response. The purchaser’s lawyers will also conduct an environmental report. This should disclose if there is any known flood risk. If so, additional inquiries should be carried out.
My wife and I purchased a terraced Victorian house in Prestwich. Conveyancing solicitor acted for me and TSB. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the matching address. I'd like to know for sure, how can I find out??
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Prestwich and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with the conveyancing lawyer who conducted the conveyancing.
How does conveyancing in Prestwich differ for new build properties?
Most buyers of new build property in Prestwich come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is constructed. This is because builders in Prestwich typically acquire the land, 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 Prestwich or who has acted in the same development.
In what way can the Landlord & Tenant Act 1954 impact my commercial premises in Prestwich and how can your lawyers assist?
The 1954 Act gives security of tenure to business lessees, giving them the a statutory right to make a request to court for a renewal lease and remain in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Prestwich is one of the many areas of the UK in which the firms we work with have offices
There are numerous properties in Prestwich on private lanes. We are buying such a house. Are there any benefits to buying a residence on a private road?
Prestwich conveyancing solicitors are well versed in dealing homeson unadopted roads. Your solicitor will review the title to find any rights or liabilities. In many cases there is a residents association that proprietors make annual payments to maintain the road. Where there is one, the road will likely be maintained and appear better than publicly owned.