Last June we completed a house move in Wells. We have noticed several issues with the house which we suspect were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been carried out as part of conveyancing in Wells?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Wells. Conveyancing searches and due diligence initiated during the buying process are carried out to help avoid problems. As part of the legal transfer of property, a seller completes a form known as a SPIF. answers ends up being inaccurate, 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 Wells.
We are downsizing from our home in Wells and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. A local lawyer would know that there is no such problem. It does beg the question why the buyers instructed a nationwide conveyancing firm rather than a conveyancing solicitor in Wells. Having lived in Wells for six years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing lawyer 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 sickness)
Are there restrictive covenants that are commonly picked up as part of conveyancing in Wells?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Wells. 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 do I use your search facility to locate a conveyancing lawyer in Wells on the panel for my bank?
First pick a bank such as Accord Mortgages Ltd, Chelsea Building Society or Clydesdale then choose your preferred area such as Wells. Conveyancing organisations in Wells and nationally should be listed.
I own a leasehold flat in Wells. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Wells who previously acted has now retired. Do I pay?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Wells conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Leasehold Conveyancing in Wells - A selection of Queries Prior to buying
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Are any of leasehold owners in dispute over their service charge payments? The answer will be useful as a) areas can cause problems in the building as the common areas may begin to deteriorate if services are not paid for b) if the leasehold owners have a dispute with the running of the building you will need to have all the details What is the length of the lease?
How does one remove a deceased person's name from the title register for a property in Wells?
Where a Wells property is co-owned and one of the owners dies, the name will not immediately be removed from the title deeds. It is not necessary to remove their name as when it comes to a disposal your lawyer would simply need to supply proof as to the reason the joint owner is missing from the conveyance, normally this is in the form of a grant of probate.
With the aim of making things smoother for the sale of the property you can arrange to have the deceased name erased from the title by applying to the land registry with evidence of the death. There is no land registry fee payable.