My brother and I have lately acquired a property in Battle. We have since encountered a number of issues with the house which we suspect were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that needed to have been carried out as part of conveyancing in Battle?
The query is vague as what problems have arisen and if they are unique to conveyancing in Battle. Conveyancing searches and due diligence undertaken during the buying process are designed to help avoid problems. As part of the legal transfer of property, a property owner answers a document called a Seller’s Property Information Form. answers proves to be inaccurate, then you may have a 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 Battle.
I am intent on selling our home in Battle and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A high street Battle lawyer would know that there is no such problem. It does beg the question why the purchasers used an internet conveyancing outfit rather than a conveyancing solicitor in Battle. We have lived in Battle for 4 years we know that this is a non issue. Should we get in touch with our local Authority to obtain clarification need.
It would appear that you have a conveyancing firm already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
4 months have gone by following my purchase conveyancing in Battle concluded. I have checked the Land Registry website which shows that I paid £175,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Over the last few months I have been searching for a leasehold apartment up to £245,000 and identified one near me in Battle I like with open areas and station nearby, the downside is that it only has 52 remaining years left on the lease. There is not much else in Battle for this price, so just wondered if I would be making a mistake acquiring a short lease?
If you require a home loan the shortness of the lease will be an issue. Reduce the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of 2 years you can ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should consult your conveyancing solicitor regarding this.
Should I instruct a Battle conveyancing solicitor based in the area that I am purchasing? We have a good friend who can carry out the conveyancing however they are based 400miles drive away.
The benefit of a high street Battle conveyancing practice is that you can attend the office to sign documents, hand in your ID and apply pressure on them if necessary. They will also have local insight which is a bonus. However it's more important to get someone that will pull out all the stops for you. If if people you trust used your friend and on the whole were content that must surpass using an unfamiliar Battle conveyancing lawyer just because they are local.
I happen to be an executor of my recently deceased parent's Will, with a property in Battle which is to be marketed. The house has never been registered at the Land Registry and I'm told that some purchasers will insist that it is done before they will move forward. What's the procedure for this?
In the situation you refer to it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.