My brother and I have lately bought a property in Lewes. We have since encountered a number of problems with the property which we consider were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been conducted as part of conveyancing in Lewes?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Lewes. Conveyancing searches and investigations initiated as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a property owner answers a document called a SPIF. If the information turns out to be incorrect, 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 Lewes.
Having sold my house in Lewes last November but my buyer keeps texting every few hours to say their conveyancer needs to hear from mylawyer. What should have happened following completion?
Post completion of your disposal your lawyer should send the transfer deeds and all of the paperwork to the purchaser's conveyancer. Where relevant, your conveyancer should also evidence that the legal charge in favour of the lender has been repaid to the buyers solicitors. There is unlikely to be post completion steps peculiar conveyancing in Lewes.
Should commercial conveyancing searches reveal impending roadworks that may impact a commercial property in Lewes?
Many commercial conveyancing solicitors in Lewes will order a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in looking into accurate data on highways that impact buildings and development assets in Lewes. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Lewes.
For each commercial conveyancing transaction in Lewes it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately could result in delays to Lewes commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not conducted for domestic conveyancing in Lewes.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Lewes?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Lewes. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I've recently found out that there is a flying freehold element on a property I have offered on last month in what should have been a straight forward, chain free conveyancing. Lewes is where the house is located. Can you shed any light on this issue?
Flying freeholds in Lewes are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Lewes you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lewes may ascertain 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.
What advice can you give us when it comes to choosing a Lewes conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Lewes conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Lewes conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be helpful:
What are the legal fees for lease extension conveyancing? How experienced is the firm with lease extension legislation?
I own a leasehold flat in Lewes, conveyancing was carried out half a dozen years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Lewes with over 90 years remaining are worth £222,000. The ground rent is £50 levied per year. The lease terminates on 21st October 2091
With only 70 years left to run the likely cost is going to range between £9,500 and £11,000 as well as professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first getting professional advice.