My partner and I have lately acquired a property in Isle of Sheppey. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Isle of Sheppey?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Isle of Sheppey. Conveyancing searches and investigations undertaken during the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller completes a document known as a Seller’s Property Information Form. If the information is incorrect, then you may have a claim 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 Isle of Sheppey.
I own a freehold residence in Isle of Sheppey yet pay rent, why is this and what is this?
It is rare for properties in Isle of Sheppey and has limited impact for conveyancing in Isle of Sheppey 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 from 1977 onwards.
Previous rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 will be dispensed with completely.
Is it the case that all Isle of Sheppey solicitors on the Nationwide conveyancing panel are overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Nationwide approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. Some mortgage companies do list licenced conveyancers on their panel and in that case the firms would be governed by the Council of Licensed Conveyancers.
The formalities of my purchase has taken place for my property in Isle of Sheppey. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
All lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. Ordinarily complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I can not work out if my bank requires a lease extension. I have called my Isle of Sheppey building society branch on a couple of occasions and was advised it wasn't a problem and they will lend. My Isle of Sheppey conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend based on their published requirements. Who do I believe?
As long as the conveyancing practitioner is on the bank panel, they must follow the CML Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
How does conveyancing in Isle of Sheppey differ for newly converted properties?
Most buyers of new build residence in Isle of Sheppey come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because house builders in Isle of Sheppey tend to acquire the site, 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 conveyancers 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 Isle of Sheppey or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on last month in what should have been a simple, no chain conveyancing. Isle of Sheppey is where the house is located. Can you offer any opinion?
Flying freeholds in Isle of Sheppey are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Isle of Sheppey you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Isle of Sheppey 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.
Am I better off to go with a Isle of Sheppey conveyancing solicitor based in the vicinity that I am purchasing? We have a good friend who can handle the conveyancing however they are based 200kilometers drive away.
The benefit of a high street Isle of Sheppey conveyancing practice is that you can pop in to sign documents, deliver your ID and apply pressure on them where appropriate. Having local Isle of Sheppey know how is a bonus. However nothing is more important than finding someone that will pull out all the stops for you. If if people you trust instructed your friend and they were happy that should surpass using an unknown Isle of Sheppey conveyancing solicitor just because they are Isle of Sheppey based.