Will our conveyancer be raising questions concerning flooding as part of the conveyancing in Weymouth.

Flooding is a growing risk for lawyers dealing with homes in Weymouth. Some people will buy a property in Weymouth, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not qualified to impart advice on flood risk, but there are a various searches that may be undertaken by the purchaser or by their solicitors which will give them a better understanding of the risks in Weymouth. The standard property information forms sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to determine whether the premises has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the seller, then a buyer may bring a legal claim for losses as a result of such an misleading reply. The purchaser’s lawyers will also order an environmental search. This will indicate if there is any known flood risk. If so, more detailed inquiries will need to be made.

Me and my brother own a terraced Victorian property in Weymouth. Conveyancing lawyer represented me and Chelsea Building Society. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, another for leasehold with the matching address. I'd like to know for sure, how can I find out??

You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Weymouth and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing lawyer who conducted the purchase.

I'm purchasing a new build house in Weymouth benefiting from help to buy. The sellers refused to move on the price so I negotiated 6k of fixtures and fittings instead. The house builders rep advised me not disclose to my solicitor about this side-deal as it will affect my loan with Clydesdale. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I've recently bought a leasehold property in Weymouth. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I purchased a leasehold flat in Weymouth, conveyancing having been completed half a dozen years ago. Can you work out an approximate cost of a lease extension? Corresponding properties in Weymouth with over 90 years remaining are worth £171,000. The average or mid-range amount of ground rent is £50 levied per year. The lease ends on 21st October 2104

You have 79 years remaining on your lease we estimate the price of your lease extension to be between £7,600 and £8,800 plus costs.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before seeking the advice of a professional.

My a dozen years ago. He has been wed, widowed and is now remarried. He now wants to dispose of the Weymouth property. I think he will just be need to supply copies of the marriage certificates to the solicitor however he is concerned it will hold up the home sale. Should he instruct a conveyancer to update the title details for the property?

You are not required to bring up to date the title for the property on the basis that you have the evidence needed to show how the change of name occurred.

The buyer’s lawyer will review the title details and need evidence to establish the name change for example marriage certificates.