Last June we completed a house move in Berrylands. We have noticed several issues with the property which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been conducted for conveyancing in Berrylands?
The question is vague as to the nature of the problems and if they are relate to conveyancing in Berrylands. Conveyancing searches and investigations undertaken during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner completes a document known as a SPIF. If the information turns out to be incorrect, 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 Berrylands.
We are buying a newbuild apartment in Berrylands with a mortgage from Birmingham Midshires.We like our Berrylands conveyancing solicitor but Birmingham Midshires advised that she’s not listed on their approved list of firms. We have to appoint a Birmingham Midshires panel lawyer or retain our local solicitor and pay for a Birmingham Midshires panel lawyer to act for them. This seems very unfair; Can we not simply insist that Birmingham Midshires use our lawyer?
Unfortunately,no. The home loan offered to you is subject to its various provisions, one of which will be that solicitors needs to be on the Birmingham Midshires approved list. Until recently, most lenders had large numbers of law firms on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Birmingham Midshires
Due to the encouragement of my in-laws I had a survey completed on a property in Berrylands prior to instructing solicitors. I have been told that there is a flying freehold overhang to the property. The surveyor advised that some lenders will not give a mortgage on this type of home.
It varies from the lender to lender. Lloyds has different requirements for example to Birmingham Midshires. If you contact us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Berrylands. Conveyancing may be slightly more expensive based on your lender's requirements.
Expecting to sign contracts shortly on a ground floor flat in Berrylands. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Berrylands should include some of the following:
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It needs to be made clear to you whether the lease permits you to change or upgrade aspects of the premises- you must know whether any restrictions applies to all alterations or just structural alteration, and whether licences for alterations is required The length of the lease term. You should receive guidance as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years Alterations to the property What you can do if an adjoining owner breaches a clause of their lease? You should receive a copy of the lease
Having spent months of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Berrylands. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We are happy to put you in touch with a Berrylands conveyancing firm who can help.
An example of a Lease Extension case for a Berrylands flat is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.
I purchased a flat in Berrylands last 7/8/2024 and to date it is still not registered with HM Land Registry. It is part of a development site and my conveyancer told me that it may take 12 months to register. I have contacted HM Land Registry directly and they have informed me the original application was cancelled due to failure to reply to requisitions. What can I do?
Contact your lawyer - Where you are unsatisfied with the responses, enquire as to their internal complaints protocol and amplify your concerns to a Partner. Registrations for Berrylands conveyancing are not known to be particularly slow.