Much to our surprise we have been told by our IFA that my Shoeburyness property lawyer is not on the lender Solicitor panel. What can I do to be certain that this is indeed the case?

Your first step should be to call your Shoeburyness conveyancer. It is reasonable to expect your lawyer to notify you what has happened. If they are not on the panel they may be able to suggest a Shoeburyness conveyancing firm that is on the approved list of lawyers for your bank.

Last April we completed a house move in Shoeburyness. We have noticed several issues with the property which we suspect were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been ordered for conveyancing in Shoeburyness?

The query is not clear as what problems have arisen and if they are relate to conveyancing in Shoeburyness. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, the vendor fills in a document called a SPIF. answers is inaccurate, then you may have a claim against the owner 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 Shoeburyness.

The estate agent has sent us the confirmation of our purchase of a new build flat in Shoeburyness. Conveyancing is daunting 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 are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Shoeburyness

The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.

Due to the encouragement of my in-laws I had a survey completed on a house in Shoeburyness before appointing solicitors. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some lenders tend refuse to give a loan on a flying freehold property.

It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. If you contact us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Shoeburyness. Conveyancing will be smoother if you use a solicitor in Shoeburyness especially if they regularly deal with such properties in Shoeburyness.

I am looking at a couple of maisonettes in Shoeburyness both have in the region of fifty years left on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease gets shorter the saleability of the lease decreases and it becomes more expensive to acquire a lease extension. For this reason it is advisable to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you seek professional help from a conveyancer and surveyor with experience in this field.

Leasehold Conveyancing in Shoeburyness - Examples of Queries Prior to buying

You should want to find out as much as you can about the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to every day matters such as the cleanliness of the communal areas. Ask other people what they think of their management. On a final note, investigate as to the dates that you are obliged pay the service charge to the appropriate party and precisely how they are spending the funds. Does the lease have onerous restrictions? The best form of lease structure is where the freehold interest is in the ownership of the leaseholders. In this situation the leaseholders benefit from control and notwithstanding that a managing agent is frequently retained if the building is bigger than a house conversion, the managing agent is directed by the tenants.