Last July we completed a house move in Windermere. We have since encountered a number of issues with the property which we consider were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been conducted for conveyancing in Windermere?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Windermere. Conveyancing searches and due diligence initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, the vendor fills in a questionnaire referred to as a SPIF. If the information turns out to be incorrect, you could possibly take legal action against the vendor 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 Windermere.
Do I need to pop into the offices of the solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Windermere so that I can attend their offices if necessary.
Most conveyancing panel lawyers for lenders conduct their work via Royal Mail, internet or over the phone. This means that they can undertake the legal work for your home move no matter where you live in the country. That being said you can check if you have the option of going to the offices of your conveyancing lawyer if just in case this is required.
I am downsizing from our property in Windermere and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. A local lawyer would know this is not the case. It does beg the question why the buyers are using a nationwide conveyancing firm as opposed to a conveyancing solicitor in Windermere. Having lived in Windermere for 5 years we know of no issue. Do we contact our local Authority to obtain confirmation that there is no issue.
It would appear that you have a conveyancing firm currently acting for you. Are they able to advise? You should 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 health insurance to cover that same illness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Windermere?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Windermere. 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…’
I am thinking of appointing a conveyancing lawyer in Windermere for my house move. Is there any facility to review a firm’s record with the legal regulator?
You can review presented Solicitor Regulator Association (SRA) decisions resulting from inquisitions from 2008 onwards. Visit Check a solicitor's record. For records Pre 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA could monitor call for training requirements.
Do you have any advice for leasehold conveyancing in Windermere with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Windermere can be avoided where you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the buyers’ conveyancers. You believe that you know the number of years left on your lease but you should verify this via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is below 75 years. It is therefore important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale. The majority of landlords or managing agents in Windermere charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Windermere. Some Windermere leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
I bought a 1 bedroom flat in Windermere, conveyancing having been completed in 2004. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Windermere with an extended lease are worth £255,000. The ground rent is £45 yearly. The lease terminates on 21st October 2098
With only 73 years unexpired we estimate the price of your lease extension to range between £8,600 and £9,800 plus legals.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.