Last January we completed a house move in Acton. We have noticed several issues with the property which we suspect were missed in the conveyancing searches. Do we have any recourse? What searches should? have been carried out as part of conveyancing in Acton?
The question is not clear as what problems have arisen and if they are unique to conveyancing in Acton. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a document called a Seller’s Property Information Form. If the information provided is misleading, 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 Acton.
We see that you have a search directory identifying firms on the Kent Reliance conveyancing panel. Do companies pay you a commission if I appoint them for our conveyancing in Acton?
We are a listing service only for law firms wishing to communicate if they are on the Kent Reliance conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Acton.
My grandmother passed away last year and as sole heir and executor I was left the house in Acton. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Nationwide, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then Nationwide will insist on your using a conveyancer on the Nationwide conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nationwide conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nationwide mortgage is registered as a charge at the Land Registry.
I have a terraced Victorian house in Acton. Conveyancing lawyer acted for me and Accord Mortgages Ltd. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the matching property. I'd like to know for sure, how can I find out??
You should read 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Acton and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with the conveyancing solicitor who conducted the conveyancing.
I opted to have a survey completed on a property in Acton before instructing lawyers. I have been told that there is a flying freehold element to the property. Our surveyor advised that some lenders will refuse to give a loan on a flying freehold premises.
It varies from the lender to lender. Santander has different instructions from Halifax. If you call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Acton. Conveyancing will be smoother if you use a solicitor in Acton especially if they are familiar with such properties in Acton.
Am I best advised to appoint a Acton conveyancing lawyer who is local to the property I am purchasing? An old friend can handle the legal formalities but her office is approximately 350kilometers away.
The primary upside of using a local Acton conveyancing practice is that you can drop in to execute paperwork, hand in your identification documents and apply pressure on them if necessary. They will also have local intelligence which is a plus. That being said nothing is more important than finding someone that will do a good and efficient job. If other friends have used your friend and they were content that should surpass using an unfamiliar Acton conveyancing solicitor just because they are Acton based.