My wife and I have just acquired a property in Shard End. We have since encountered a number of problems with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been carried out for conveyancing in Shard End?
The question is vague as what problems have arisen and if they are unique to conveyancing in Shard End. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor fills in a form known as a Seller’s Property Information Form. answers proves to be 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 Shard End.
After researching consumer advice sites for an online lawyer in Shard End, most advise that I must use a CQS assured solicitor. What is CQS?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in the legal transfer of properties, trusted by some of the UK's leading banks. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). CQS is not a scheme offered by the Society for Licensed Conveyancers. Shard End is one of the numerous areas in England and Wales where there are CQS solicitors.
I happen to be the sole beneficiary of my late grandmother’s will with all property in now in my sole name, including the my former home in Shard End. Conveyancing formalities meant that the Land Registry date was in June. I want to move. I understand that there is a Mortgage Lenders six month 'rule', meaning my property ownership will be considered the same way as if I'd bought the house in June. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be affected by that. Most lenders would take a pragmatic view as this obligation primarily exists to pick up on subsales or the quick reselling of property.
How can we tell if a Shard End conveyancing solicitor on the Lloyds panel is any good?
When it comes to conveyancing in Shard End seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advise that you speak with the solicitor handling your conveyancing.
I am expecting a DIP from Principality this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Principality recommend any Shard End solicitors on the Principality conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Shard End solicitors independently although you'll need to choose one on the Principality conveyancing panel. The solicitor represents both you and Principality through the process.
Will commercial conveyancing searches reveal planned roadworks that could affect a commercial premises in Shard End?
Its becoming the norm that commercial conveyancing solicitors in Shard End will conduct a SiteSolutions Highways report as it reduces the time that conveyancers spend in sourcing accurate data on highways that impact buildings and development assets in Shard End. The search result provides definitive information 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 Shard End.
For each commercial conveyancing transaction in Shard End it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can cause delays to Shard End commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Shard End.
I opted to have a survey carried out on a house in Shard End ahead of retaining solicitors. I have been informed that there is a flying freehold element to the house. My surveyor advised that some banks may refuse to issue a mortgage on such a property.
It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. If you call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Shard End. Conveyancing will be smoother if you use a solicitor in Shard End especially if they are accustomed to such properties in Shard End.
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Shard End. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Shard End ?
The majority of houses in Shard End are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can help the conveyancing process. it is apparent that you are buying in Shard End in which case you should be looking for a Shard End conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your solicitor should report to you on the legal implications.
I invested in buying a basement flat in Shard End, conveyancing having been completed in 2009. 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 Shard End with over 90 years remaining are worth £185,000. The ground rent is £65 levied per year. The lease expires on 21st October 2085
With 61 years unexpired the likely cost is going to range between £18,100 and £20,800 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 in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before getting professional advice.