Last October we completed a house move in Swanage. We have since encountered a number of problems with the house which we consider were missed in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Swanage?

The query is not clear as what problems have arisen and if they are specific to conveyancing in Swanage. Conveyancing searches and investigations undertaken as part of the buying process are supposed to help avoid problems. As part of the process, the vendor answers a form called a Seller’s Property Information Form. answers turns out to be inaccurate, you may have a misrepresentation 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 Swanage.

It is a dozen years since I purchased my property in Swanage. Conveyancing lawyers have recently been instructed on the sale but I can't locate my deeds. Will this cause complications?

You need not be too concerned. Firstly there is a chance that the deeds will be retained by your lender or they could still be with the solicitor who handled your purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. Most conveyancing in Swanage relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.

I had intended to instruct a conveyancing solicitor in Swanage for our home move. Our financial adviser has since advised us that our mortgage lenders Yorkshire Building Society won't deal with them. Why is this not regarded as unduly restrictive?

A lender may require an approved conveyancer act for it. You would be liable to bear the charges for this. Do use our search facility to choose a solicitor to carry conveyancing in Swanage on the Yorkshire Building Society approved list of solicitors.

Are all Swanage Conveyancing Quality Solicitors on the Santander conveyancing list of approved firms?

It is true that some banks and building societies now use the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their panels.

We have agreed to purchase a house in Swanage. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Coventry BS be concerned?

Given that your lender is Coventry BS your lawyer must comply with the formal instructions contained in Part two of UK Finance Lenders’ Handbook for Coventry BS. The Council of Mortgage Lenders’ Handbook stipulates minimum conditions for solar panel roof-space leases, and solicitors are required to report to Coventry BS where a lease does not meet these specifications. The specifications relate to the installation of panels on properties nationwide and is not limited to Swanage.

I have decided to exercise my right to buy my property in Swanage off the council. I have a mortgage agreed with Nationwide. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nationwide, you will need to appoint a solicitor on the Nationwide conveyancing panel.

When it comes to leasehold conveyancing in Swanage what are the most frequent lease defects?

Leasehold conveyancing in Swanage is not unique. All leases are unique and drafting errors can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

A provision for the recovery of money spent for the benefit of another party.

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Skipton Building Society, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

Leasehold Conveyancing in Swanage - Examples of Queries Prior to buying

Are there any major works anticipated that will add a premium to the service costs? Please note that where the lease has no more than eighty years it will have adverse implications on the marketability of the property. It is worth checking with your lender that they are content with residual term of the lease. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth finding out what this will be. For most Swanagelease extensions you will be required to have owned the premises for two years before you are entitled to carry out a lease extension.