My partner and I have just purchased a house in Henfield. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Henfield?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Henfield. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the process, a seller fills in a document referred to as a SPIF. If the information provided is inaccurate, you could possibly take legal action 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 Henfield.
I own a freehold property in Henfield yet charged rent, why is this and what is this?
It’s unusual for properties in Henfield and has limited impact for conveyancing in Henfield 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 date back many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.
Will my conveyancer be asking questions about flooding as part of the conveyancing in Henfield.
Flooding is a growing risk for conveyancers dealing with homes in Henfield. There are those who acquire a house in Henfield, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to offer advice on flood risk, however there are a various checks that can be carried out by the buyer or on a buyer’s behalf which will figure out the risks in Henfield. The standard completed inquiry forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the vendor to discover whether the premises has ever been flooded. If flooding has previously occurred which is not revealed by the owner, then a purchaser may issue a claim for damages as a result of such an incorrect response. The purchaser’s solicitors may also commission an environmental search. This should higlight if there is a recorded flood risk. If so, additional investigations should be carried out.
I used Stirling Law a few years ago for my conveyancing in Henfield. I now require my papers however cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Henfield of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
About to purchase a new build flat in Henfield. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Henfield
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I opted to have a survey carried out on a house in Henfield in advance of appointing solicitors. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some lenders will not issue a loan on a flying freehold house.
It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. If you e-mail us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Henfield. Conveyancing will be smoother if you use a solicitor in Henfield especially if they are acquainted with such properties in Henfield.