My wife and I have lately acquired a house in Prestwich. We have noticed several problems with the property which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered for conveyancing in Prestwich?
The question is vague as what problems have arisen and if they are specific to conveyancing in Prestwich. Conveyancing searches and investigations initiated as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller answers a document called a Seller’s Property Information Form. If the information ends up being misleading, then you may have a claim against the seller 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 Prestwich.
We are purchasing a newly converted apartment in Prestwich with a mortgage from Birmingham Midshires.We use our Prestwich conveyancing practitioner but Birmingham Midshires says he's not on their approved list of firms. we are left little option but to use a Birmingham Midshires panel firm or retain our preferred solicitor and fork out for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
No, not really. The mortgage issued to you contains terms and conditions, a common one being that lawyers needs to be on the Birmingham Midshires conveyancing panel. in the past, most lenders had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Birmingham Midshires
Should my solicitor be asking questions about flooding as part of the conveyancing in Prestwich.
Flooding is a growing risk for conveyancers carrying out conveyancing in Prestwich. There are those who acquire a property in Prestwich, fully expectant that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to impart advice on flood risk, but there are a number of checks that can be undertaken by the buyer or by their solicitors which can figure out the risks in Prestwich. The standard information sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the seller to determine whether the property has historically flooded. If the residence has been flooded in past and is not notified by the vendor, then a purchaser may issue a compensation claim as a result of such an inaccurate reply. The purchaser’s lawyers should also order an enviro report. This will indicate if there is a recorded flood risk. If so, more detailed investigations should be made.
My wife and I have a semi-detached Victorian house in Prestwich. Conveyancing practitioner acted for me and Accord Mortgages Ltd. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold under the matching property. I'd like to know for sure, how can I find out??
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Prestwich and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with your conveyancing practitioner who conducted the purchase.
How do I find out who owns a house in Prestwich?
As long as the property is recorded at the Land Registry, and you have the specifics of the address of the premises, you should be able to view details from the the Land Registry of the registered owner for a fee.