My wife and I have just bought a property in Barnsley. We have since encountered a number of issues with the property which we consider were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been conducted as part of conveyancing in Barnsley?
The query is vague as to the nature of the problems and if they are relate to conveyancing in Barnsley. Conveyancing searches and due diligence initiated as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller completes a questionnaire called a Seller’s Property Information Form. If the information is incorrect, you could possibly take legal action against the seller 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 Barnsley.
What is the first thing I need to know concerning purchase conveyancing in Barnsley?
Not many law firms shout this from the rooftops but conveyancing in Barnsley and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there is plenty of opportunity for confrontation between you and others involved in the ownership transfer. For instance, the vendor, estate agent and on occasion a mortgage company. Appointing a law firm for your conveyancing in Barnsley is a critical decision as your conveyancer is your adviser, and is the SOLE party in the legal process whose responsibility is to protect your legal interests and to keep you safe.
There is a distinct ongoing adversarial element to conveyancing- someone has to be at fault for the process taking so long. You must always trust your solicitor ahead of all other parties when it comes to the legal transfer of property.
Should our conveyancer be raising enquiries about flooding during the conveyancing in Barnsley.
Flooding is a growing risk for solicitors conducting conveyancing in Barnsley. Plenty of people will purchase a property in Barnsley, 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 get a mortgage, suitable insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not best placed to offer advice on flood risk, however there are a various checks that may be initiated by the buyer or on a buyer’s behalf which will figure out the risks in Barnsley. The standard completed inquiry forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to discover if the premises has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the vendor, then a buyer could commence a legal claim for losses as a result of such an incorrect reply. A purchaser’s conveyancers should also conduct an enviro search. This should disclose if there is any known flood risk. If so, further inquiries will need to be initiated.
Me and my brother purchased a terraced Georgian house in Barnsley. Conveyancing practitioner represented me and Alliance & Leicester . I happened to do a free search for it on the Land Registry database 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 need to 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Barnsley 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 question the position with the conveyancing practitioner who conducted the purchase.
How does conveyancing in Barnsley differ for new build properties?
Most buyers of new build property in Barnsley approach us having been asked by the developer to sign contracts and commit to the purchase even before the residence is built. This is because new home sellers in Barnsley typically buy the real estate, 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 property lawyers 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 Barnsley or who has acted in the same development.
I work for a long established estate agent office in Barnsley where we have experienced a number of leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Barnsley conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I own a 1 bedroom flat in Barnsley, conveyancing formalities finalised in 2011. Can you please calculate a probable premium for a statutory lease extension? Similar flats in Barnsley with a long lease are worth £201,000. The ground rent is £45 invoiced every year. The lease finishes on 21st October 2088
You have 64 years unexpired we estimate the premium for your lease extension to be between £14,300 and £16,400 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed due diligence. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.