My wife and I have recently acquired a property in Sandwich. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Sandwich?
The question is not clear as what problems have arisen and if they are unique to conveyancing in Sandwich. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the legal transfer of property, the vendor answers a questionnaire referred to as a SPIF. answers provided is inaccurate, 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 Sandwich.
I own a freehold premises in Sandwich yet charged rent, why is this and what is this?
It’s unusual for properties in Sandwich and has limited impact for conveyancing in Sandwich 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 establishment of new rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
I am intent on selling our home in Sandwich and according to the buyers it appears that there is a possibility that the property was built on contaminated land. Any high street Sandwich conveyancer would know that there is no such problem. It does beg the question why the buyers used a national conveyancing outfit rather than a conveyancing solicitor in Sandwich. Having lived in Sandwich for 4 years we know that this is a non issue. Is it a good idea to contact our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Due to the encouragement of my in-laws I had a survey completed on a property in Sandwich ahead of appointing lawyers. I have been told that there is a flying freehold element to the house. My surveyor has said that some lenders will not give a loan on such a property.
It varies from the lender to lender. Lloyds has different instructions from Birmingham Midshires. If you call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Sandwich. Conveyancing will be smoother if you use a solicitor in Sandwich especially if they are accustomed to such properties in Sandwich.
In my capacity as executor for the estate of my uncle I am selling a residence in Newport but reside in Sandwich. My solicitor (approximately 300 kilometers awayhas requested that I sign a statutory declaration ahead of completion. Could you suggest a conveyancing practitioner in Sandwich to attest this legal document for me?
Technically speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will suffice regardless of whether they are located in Sandwich
Is it true that a Sandwich conveyancing company taken to court by clients for not carrying out the appropriate conveyancing searches?
We are not aware of such a Sandwich conveyancing matter but according to a recent report, a couple buying a property in Cumbria successfully won a claim against their lawyer due to development plans to build a wind farm failing to be identified in conveyancing searches.
If you are buying in Sandwich It is essential that your lawyer conduct all Sandwich conveyancing searches required making sure that you have accurate and current information ahead of buying a home in Sandwich.