My brother and I have recently acquired a property in Caerphilly. We have noticed several issues with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been carried out as part of conveyancing in Caerphilly?
The question is vague as what problems have arisen and if they are relate to conveyancing in Caerphilly. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the process, the vendor fills in a questionnaire referred to as a SPIF. If the information turns out to be inaccurate, 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 Caerphilly.
Why do I have to pay up front when it comes to conveyancing in Caerphilly?
Where you are retaining lawyers for conveyancing in Caerphilly your lawyer will ask you to provide them with monies to cover the the cost of the conveyancing searches. Generally this is asked for to cover the fees of the conveyancing searches. When the deposit is payable against the total price then this should be required immediately before contracts are exchanged. Any further balance that is needed should be sent to your lawyer shortly before completion.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The conveyancers who dealt with the conveyancing in Caerphilly 4 years ago have long since closed. Will I be able to sell the house?
You no longer need to hold title official documentation to prove you are the owner of your registered land or premises, as the Land Registry hold details of all registered land or property electronically.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Caerphilly is the location of the property. Can you shed any light on this issue?
Flying freeholds in Caerphilly are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Caerphilly you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Caerphilly may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Back In 2007, I bought a leasehold house in Caerphilly. Conveyancing and Skipton Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Caerphilly who acted for me is not around. What should I do?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Caerphilly conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Caerphilly Conveyancing for Leasehold Flats - Sample of Queries before buying
-
Best to be warned if redecorating or some other major work is pending that will be shared amongst the tenants and could well materially increase the the maintenance costs or necessitate a specific payment. The prefered form of lease structure is if the freehold reversion is owned by the leaseholders. In this situation the leaseholders have control and notwithstanding that a managing agent is usually employed where the building is larger than a house conversion, the managing agent retained by the leaseholders. Who manages the building?
Is it true that a Caerphilly conveyancing firm has court proceedings brought against them by clients for failing to conduct comprehensive conveyancing searches?
We are not aware of such a Caerphilly conveyancing matter but it has been reported that, a couple purchasing a house elsewhere in England successfully won a case against their property lawyer as a consequence of development plans to erect a wind farm failing to be picked up in conveyancing searches.
Where you are buying in Caerphilly It is essential that your solicitor conduct all Caerphilly conveyancing searches necessary making sure that you have accurate and current information before buying a property.