My brother and I have lately acquired a house in Childs Hill. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been ordered for conveyancing in Childs Hill?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Childs Hill. Conveyancing searches and due diligence initiated as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor answers a document referred to as a SPIF. answers proves to be incorrect, then you may have a claim against the vendor 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 Childs Hill.
I am the registered owner of a freehold house in Childs Hill but nevertheless charged rent, why is this and what is this?
It is rare for properties in Childs Hill and has limited impact for conveyancing in Childs Hill but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Old rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
The Childs Hill conveyancing lawyers that just started acting on my house acquisition in Childs Hill have suddenly closed. I chose them because I needed a firm on the Aldermore conveyancing panel and my preferred Childs Hill lawyer was not. I issued them a cheque for £250 in advance. What do I do now?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they advise the vendors that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Aldermore conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
We are selling our house in Childs Hill and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A local lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed an online conveyancing outfit as opposed to a conveyancing solicitor in Childs Hill. Having lived in Childs Hill for many years we know of no issue. Should we get in touch with our local Authority to seek confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor currently acting for you. Are they able to advise? You should 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 health insurance to cover that same illness)
Over the last few months I have been searching for a leasehold apartment up to £245,000 and found one near me in Childs Hill I like with amenity areas and railway links in the vicinity, however it only has 52 years on the lease. I can't really find anything else in Childs Hill in this price bracket, so just wondered if I would be making a grave error buying a short lease?
Should you need a home loan that many years will be a potential deal breaker. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the premises for a minimum of 2 years you may ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer regarding this.
Me and my fiance are soon to exchange buying a property in Childs Hill but as a result of wreckage from the recent storms I have agreed recompense from the seller of £3k taking the form of a reduction in the price. This was going to be dealt with as part of the conveyancing process however the mortgage company will not agree to this. Should they have been informed?
Your property lawyer being on the bank approved list is duty bound to advise the bank of any changes to the purchase figure. If you were to refuse your conveyancing practitioner to notify the price change to your mortgage company then they would have to discontinue acting for you and the lender.