I was notified yesterday by my financial adviser that my Fulham lawyer is not on the mortgage company Solicitor panel. What can I do to check?
Your first step should be to contact your Fulham conveyancer. You lawyer should advise you what has happened. If they are not on the panel they may recommend you to a Fulham conveyancing practice that is on the approved list of lawyers for your mortgage company.
Last February we completed a house move in Fulham. We have since encountered a number of problems with the property which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out as part of conveyancing in Fulham?
The question is vague as to the nature of the problems and if they are relate to conveyancing in Fulham. Conveyancing searches and investigations undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller completes a document called a Seller’s Property Information Form. If the information turns out to be inaccurate, you may have a misrepresentation 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 Fulham.
I am purchasing a garden flat in Fulham. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Fulham you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Fulham.
The deeds to my home are lost. The solicitors who conducted the conveyancing in Fulham 10 years ago have long since closed. Will I be able to sell the house?
In today’s world there are copies made of almost everything, and your conveyancer will be aware precisely where to look for all the suitable documentation so you can purchase or dispose of your property without any difficulty. If copies are not available, your conveyancer can put in place insurance or indemnities against future claims on your premises.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a straight forward, chain free conveyancing. Fulham is where the house is located. Can you offer any assistance?
Flying freeholds in Fulham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Fulham you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Fulham 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.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Fulham conveyancing firm to assist?
Most definitely. We can put you in touch with a Fulham conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Fulham residence is 66 and 66a Wardo Avenue in November 2012. The Tribunal determined that the sum of £8,048 is payable by the Applicants in respect of the price for the freehold of the property This case affected 2 flats. The number of years remaining on the existing lease(s) was 93 years and 162 years.
Are there frequently found problems that you witness in leases for Fulham properties?
Leasehold conveyancing in Fulham is not unique. All leases are unique and drafting errors can result in certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:
-
Insurance obligations
A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Bank of Scotland, and Clydesdale all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.