My brother and I have just acquired a house in Tunbridge Wells. We have since encountered a number of issues with the property which we suspect were missed in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Tunbridge Wells?

The question is vague as what problems have arisen and if they are relate to conveyancing in Tunbridge Wells. Conveyancing searches and investigations undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the process, a property owner completes a document referred to as a SPIF. If the information turns out to be incorrect, you could possibly take legal action against the vendor 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 Tunbridge Wells.

What will a local search inform me regarding the house my wife and I purchasing in Tunbridge Wells?

Tunbridge Wells conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search organisations for instance Onsearch The local search plays an important part in many a Tunbridge Wells conveyancing purchase; as long as you wish to avoid any nasty once you have moved into your new home. The search will reveal information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.

Just had an offer accepted on a new build apartment in Tunbridge Wells. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Tunbridge Wells

The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please confirm the Lease plans are surveyor prepared. There must be mutual enforceability of lessee’s covenants. 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I decided to have a survey carried out on a house in Tunbridge Wells prior to appointing solicitors. I have been informed that there is a flying freehold element to the property. My surveyor has said that some lenders will refuse to give a mortgage on this type of premises.

It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. If you e-mail us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Tunbridge Wells. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Tunbridge Wells to see if the conveyancing costs will increase in light of this.

I am looking at a two apartments in Tunbridge Wells which have in the region of fifty years remaining on the leases. Will this present a problem?

There are plenty of short leases in Tunbridge Wells. The lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the value of the lease decreases and results in it becoming more costly to acquire a lease extension. For this reason it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area.

Tunbridge Wells Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

The answer will be useful as a) areas can result in problems for the building as the common areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the running of the building you will need to have full disclosure Generally speaking the outlay for major works are not built into the service charges, albeit that there some managing agents in Tunbridge Wells require leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for major repairs or maintenance.