Me and my partner are buying a apartment in Wiveliscombe. It might be a silly question but how we can trust a solicitor? At some point we have to deposit our life savings into their account. What protection do we have from them run away with our deposit?

Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.

We are purchasing a terrace house in Wiveliscombe. Our aim is to convert the garage to an office at the house.Will legal due diligence on the property include enquiries to determine if these alterations are permitted?

Your conveyancer will check the deeds as conveyancing in Wiveliscombe will on occasion reveal restrictions in the title deeds which restrict categories of alterations or necessitated the consent of a 3rd party. Many extensions call for local authority planning permissions and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.

My offer on a semi in Wiveliscombe has been agreed to, the sellers do however have a connected purchase. The vendors have placed an offer on a flat, however it’s not been accepted yet, and have viewings of other apartments booked. I have instructed a local conveyancing solicitor in Wiveliscombe. What do I do now? At what stage do I apply for the mortgage with Co-operative?

It is normal to have anxieties where there is a chain as you are unlikely to want to incur expenses prematurely (mortgage application is approx £1k, then survey, Wiveliscombe conveyancing search costs, etc). First, you should check that your conveyancer is on the Co-operative conveyancing panel. Concerning the subsequent stages this very much depends on the circumstances of your case, motivation for the property and on the state of the market. In a hot market some home buyers would apply for a home loan with Co-operative and arrange for the valuation and only if it was satisfactory would they ask their lawyer to press on with searches.

Are there restrictive covenants that are commonly identified during conveyancing in Wiveliscombe?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Wiveliscombe. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

How does conveyancing in Wiveliscombe differ for newly converted properties?

Most buyers of new build property in Wiveliscombe contact us having been asked by the seller to sign contracts and commit to the purchase even before the premises is completed. This is because new home sellers in Wiveliscombe typically buy the land, 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 used to new build conveyancing in Wiveliscombe 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 Wiveliscombe before instructing solicitors. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some banks tend not grant a loan on this type of premises.

It varies from the lender to lender. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone us we can investigate further with 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 Wiveliscombe. Conveyancing will be smoother if you use a solicitor in Wiveliscombe especially if they are familiar with such properties in Wiveliscombe.

What makes a Wiveliscombe lease unmortgageable?

Leasehold conveyancing in Wiveliscombe is not unique. All leases are drafted differently and drafting errors can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

A duty to insure the building Clauses dealing with recovering service charges for expenditure on the building or common parts.

You will encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, The Royal Bank of Scotland, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

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

The prefered form of lease arrangement is a share of the freehold. In this situation the lessees have control and although a managing agent is often employed where the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. What restrictions are there in the Wiveliscombe Lease? Are any of leasehold owners in arrears of their service charge payments?