Will our solicitor be raising enquiries regarding flooding as part of the conveyancing in Wheathampstead.

The risk of flooding is if increasing concern for lawyers dealing with homes in Wheathampstead. Some people will buy a property in Wheathampstead, completely expectant that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Solicitors are not best placed to impart advice on flood risk, however there are a various checks that can be undertaken by the buyer or on a buyer’s behalf which can figure out the risks in Wheathampstead. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a usual question of the owner to discover if the property has ever been flooded. If the residence has been flooded in past which is not revealed by the seller, then a buyer could bring a compensation claim resulting from an incorrect reply. A buyer’s lawyers should also commission an enviro report. This will reveal whether there is any known flood risk. If so, further investigations will need to be made.

I purchased a semi-detached Edwardian property in Wheathampstead. Conveyancing practitioner acted for me and Lloyds TSB Bank. I did a free Land Registry search last week and I saw two entries: the first freehold, another for leasehold under the exact same address. Is it worth asking Lloyds TSB Bank to clarify?

You should assess 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 Wheathampstead and other areas of 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 lenders. You can also enquire as to the position with the conveyancing lawyer who completed the work.

How does conveyancing in Wheathampstead differ for newly converted properties?

Most buyers of new build property in Wheathampstead contact us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is built. This is because new home sellers in Wheathampstead tend to buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Wheathampstead or who has acted in the same development.

Due to the advice of my in-laws I had a survey completed on a property in Wheathampstead before instructing conveyancers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some banks may refuse to grant a mortgage on this type of premises.

It varies from the lender to lender. Lloyds has different instructions from Birmingham Midshires. Should you wish to telephone us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Wheathampstead. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Wheathampstead to see if the conveyancing will be more expensive.

I only have Fifty years remaining on my flat in Wheathampstead. I am keen to extend my lease but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. In some cases a specialist should be helpful to conduct investigations and prepare an expert document which can be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Wheathampstead.

Leasehold Conveyancing in Wheathampstead - Examples of Queries before buying

Are there any major works on the horizon that could add a premium to the maintenance fees? The prefered form of lease structure is a share of the freehold. In this arrangement the lessees have being in charge if their destiny and although a managing agent is often employed if the building is bigger than a house conversion, the managing agent is directed by the tenants. How is the lease structured?