My partner and I are purchasing our first home. Our solicitor has calledto check if we would like to purchase supplemental conveyancing searches. We are really unsure what's needed for conveyancing in South West London
The range of South West London conveyancing searches should be triggered based entirely on the premises, the location, the likelihood of any of these risks, your familiarity of the area and risks, your general attitude to risk. What is important is that you properly comprehend what information the searches could provide. You may then make a decision if you personally think you need that search. Where you are unclear, ask the conveyancing practitioner to recommend.
I own a freehold residence in South West London but nevertheless invoiced for rent, why is this and what is this?
It is rare for properties in South West London and has limited impact for conveyancing in South West London but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Old rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
Will our conveyancer be raising enquiries about flooding as part of the conveyancing in South West London.
Flooding is a growing risk for solicitors carrying out conveyancing in South West London. Some people will buy a property in South West London, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Conveyancers are not best placed to offer advice on flood risk, however there are a numerous checks that may be carried out by the buyer or on a buyer’s behalf which should figure out the risks in South West London. The conventional set of property information forms given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the vendor to determine whether the property has suffered from flooding. In the event that the premises has been flooded in past and is not revealed by the vendor, then a purchaser could bring a compensation claim as a result of such an misleading response. The purchaser’s solicitors will also order an environmental report. This will disclose whether there is a recorded flood risk. If so, additional investigations should be carried out.
Due to the guidance of my in-laws I had a survey completed on a house in South West London prior to instructing lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some lenders will refuse to issue a loan on such a home.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. If you call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in South West London. Conveyancing may be slightly more expensive based on your lender's requirements.
Given that I am about to part with £400,000 on a garden flat in South West London I would like to have a conversation with the conveyancer about myhouse move in advance of instructing the firm. Can this be arranged?
We could not agree more - we would be happy to talk to you we do not take any clients on without you speaking to the solicitor due to be doing your property ownership legalities in South West London.There is no ‘factory style conveyancing’ - each client is an important person, not a case number. The law firms that we put you in touch with believe that the fees you are provided with for your conveyancing in South West London should be the figure that you end up paying.