Last July we completed a house move in Lightwater. We have since encountered a number of problems with the property which we consider were missed in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Lightwater?
The query is not clear as what problems have arisen and if they are specific to conveyancing in Lightwater. Conveyancing searches and due diligence undertaken during the buying process are carried out to help avoid problems. As part of the process, the vendor completes a form referred to as a SPIF. answers turns out to be incorrect, you could possibly take legal action 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 Lightwater.
Are there restrictive covenants that are commonly picked up during conveyancing in Lightwater?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Lightwater. 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…’
How does conveyancing in Lightwater differ for newly converted properties?
Most buyers of new build property in Lightwater come to us having been asked by the seller to sign contracts and commit to the purchase even before the premises is built. This is because developers in Lightwater usually purchase 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 Lightwater or who has acted in the same development.
In what way can the Landlord & Tenant Act 1954 affect my commercial offices in Lightwater and how can you help?
The 1954 Act provides protection to business tenants, giving them the a statutory right to make a request to court for a renewal lease and remain in occupation at the end of the lease term. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Lightwater is one of the numerous locations in which our lawyers are based
I own a leasehold flat in Lightwater. Conveyancing and Aldermore mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Lightwater who previously acted has long since retired. Any advice?
The first thing you should do is contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Lightwater conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am the registered owner of a 1st floor flat in Lightwater, conveyancing having been completed March 2011. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding flats in Lightwater with over 90 years remaining are worth £202,000. The ground rent is £60 charged once a year. The lease expires on 21st October 2078
With just 57 years unexpired we estimate the price of your lease extension to span between £28,500 and £33,000 plus costs.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not move forward based on this information without first seeking the advice of a professional.
Our lawyer in Lightwater has uncovered a defect with the lease for the apartment we are purchasing in Lightwater. The seller’s lawyers have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor has advised that as he is on the mortgage company conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the mortgage company?
Just because you have a mortgage offer from the mortgage company does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Lightwater conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the bank are the client. The appropriate lender requirements have to be complied with by the lender conveyancing panel who has to balance acting for you and the mortgage company