Last March we completed a house move in Abergavenny. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in Abergavenny?
The question is not clear as what problems have arisen and if they are relate to conveyancing in Abergavenny. Conveyancing searches and due diligence initiated during the legal transfer of property are designed to help avoid problems. As part of the process, a property owner fills in a questionnaire known as a Seller’s Property Information Form. answers proves to be misleading, then you may have a 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 Abergavenny.
I am the only recipient of my late father’s estate with all property in now in my sole name, including the my former home in Abergavenny. Conveyancing formalities meant that the Land Registry date was in June. I want to move. I do know about the CML six month 'rule', which means that my property ownership could be considered the same way as if I'd bought the property in June. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How sensible a view lenders take of it, depend on the bank as this clause is primarily there to identify subsales or the wholesaling and assigning of property.
I am purchasing a property in Abergavenny. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Santander be concerned?
Given that you are obtaining a mortgage with Santander your lawyer must check the conveyancing instructions contained in Section 2 of UK Finance Lenders’ Handbook for Santander. The Council of Mortgage Lenders’ Handbook contains minimum requirements for solar panel roof-space leases, and lawyers are required to report to Santander where a lease fails to comply with these specifications. The requirements relate to the installation of panels on properties nationwide and is not limited to Abergavenny.
The formalities of my remortgage has taken place for my property in Abergavenny. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. Ordinarily complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
Are there restrictive covenants that are commonly picked up during conveyancing in Abergavenny?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Abergavenny. 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 opted to have a survey completed on a property in Abergavenny ahead of instructing solicitors. I have been informed that there is a flying freehold overhang to the property. Our surveyor has said that some mortgage companies tend refuse to give a loan on a flying freehold property.
It depends who your proposed lender is. Lloyds has different requirements for example to Birmingham Midshires. If you contact us we can check via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Abergavenny. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Abergavenny to see if the conveyancing costs will increase in light of this.
My father-in-law has urged me to use his conveyancers in Abergavenny. Do I follow his guidance?
There are no two ways about it it’s preferable to select a conveyancing solicitor is to seek guidance from friends or relatives who have actually experience in using the conveyancer that you are contemplating using.