I require conveyancing for a flat in a fairly new development (6 years built) in Swavesey. Almost all the flats are already occupied. Do I need carry out the conveyancing searches for my conveyancing in Swavesey?
You are opening yourself up to an unnecessary risk in refusing to carrying out Swavesey conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal necessity to have them, but we would absolutely advise in the strongest possible terms that you have them. Where speed and expenses are top of your issues you should consider with your solicitor about the options such as indemnity insurance available to you
It is 10 years ago since I acquired my property in Swavesey. Conveyancing lawyers have just been instructed on the sale but I can't locate my title documents. Is this a major issue?
Don’t worry too much. Firstly there is a chance that the deeds will be with the mortgage company or they may be archived with the conveyancers who acted in your purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in Swavesey relates to registered property but in the rare situation where your property is not registered it is more of a problem but is not insurmountable.
Will my lawyer be asking questions regarding flooding as part of the conveyancing in Swavesey.
The risk of flooding is if increasing concern for lawyers dealing with homes in Swavesey. There are those who buy a house in Swavesey, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to give advice on flood risk, but there are a various checks that may be undertaken by the purchaser or by their conveyancers which can figure out the risks in Swavesey. The standard completed inquiry forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the seller to determine whether the property has historically flooded. In the event that flooding has previously occurred and is not notified by the owner, then a purchaser could bring a compensation claim as a result of such an inaccurate response. A purchaser’s lawyers should also commission an enviro search. This will higlight if there is a recorded flood risk. If so, additional inquiries should be initiated.
I own a semi-detached Edwardian house in Swavesey. Conveyancing solicitor acted for me and Barclays . I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Swavesey and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the situation with your conveyancing practitioner who carried out the work.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a quick, chain free conveyancing. Swavesey is where the house is located. Is there any advice you can impart?
Flying freeholds in Swavesey are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Swavesey 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 Swavesey 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.
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