My brother and I have lately bought a property in Crabtree. We have since encountered a number of issues with the property which we believe were missed in the conveyancing searches. Do we have any recourse? What searches should? have been ordered as part of conveyancing in Crabtree?
The question is not clear as to the nature of the problems and if they are specific to conveyancing in Crabtree. Conveyancing searches and investigations initiated as part of the legal transfer of property are carried out to help avoid problems. As part of the process, a seller completes a form called a SPIF. If the information is 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 Crabtree.
As someone clueless as to conveyancing in Crabtree what’s the number one tip you can impart concerning the home moving process in Crabtree
You may not hear this from too many lawyers but conveyancing in Crabtree 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 friction between you and other parties involved in the ownership transfer. E.g., the vendor, estate agent and even potentially your lender. Appointing a solicitor for your conveyancing in Crabtree should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the process whose interest is to look after your legal interests and to protect you.
There is a definite emergence in the "blame" culture- someone has to be at fault for the process being so protracted. We recommend that you your first instinct should be to trust your solicitor ahead of the other players in the home moving process.
Various web forums that I have frequented warn that are a common reason for obstruction in Crabtree house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not feature within the common causes of hindrances in the conveyancing process. Searches are unlikely to be the root cause of delay in conveyancing in Crabtree.
I have todayfound out that Action Conveyancing have closed. They carried out my conveyancing in Crabtree for a purchase of a leasehold apartment 10 months ago. How can I check that the property is in my name in the name of the previous owner?
The easiest method to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Crabtree conveyancing specialists.
How does conveyancing in Crabtree differ for new build properties?
Most buyers of new build property in Crabtree approach us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is constructed. This is because developers in Crabtree 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 conveyancing solicitors 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 used to new build conveyancing in Crabtree or who has acted in the same development.
I only have Sixty One years remaining on my flat in Crabtree. I need to get lease extension but my landlord is absent. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the freeholder. In some cases an enquiry agent may be useful to carry out a search and prepare an expert document to be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Crabtree.
Leasehold Conveyancing in Crabtree - Sample of Queries before Purchasing
The majority of Crabtree leasehold properties will have a service bill for the upkeep of the building invoiced by the management company. Where you purchase the apartment you will have to meet this contribution, normally in instalments during the year. This can vary from a few hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all probability there will be a ground rent to be met annual, this is usually not a exorbitant figure, say about £25-£75 but you need to check it because sometimes it can be surprisingly expensive. It would be prudent to discover as much as possible regarding the managing agents as they will either make your life much simpler or problematic. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the cleanliness of the communal areas. Ask other tenants what they think of them. In conclusion, find out the dates that the service charges are due to the managing agents and specifically how they are spending that money. What prohibitions exist in the Crabtree Lease?