Should my solicitor be raising enquiries concerning flooding as part of the conveyancing in Chiswick.

Flooding is a growing risk for lawyers dealing with homes in Chiswick. Some people will acquire a property in Chiswick, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Solicitors are not best placed to offer advice on flood risk, but there are a numerous searches that may be carried out by the purchaser or by their conveyancers which will figure out the risks in Chiswick. The standard information given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the vendor to find out whether the property has ever been flooded. If the residence has been flooded in past and is not revealed by the owner, then a buyer may bring a compensation claim as a result of such an misleading reply. A purchaser’s conveyancers will also order an enviro report. This will disclose if there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.

I purchased a semi-detached Georgian house in Chiswick. Conveyancing solicitor acted for me and Britannia. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold under the matching property. Is it worth asking Britannia to clarify?

You need to assess the Freehold register you have again and check the Charges Register for 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 Chiswick and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with the conveyancing solicitor who carried out the work.

Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a simple, no chain conveyancing. Chiswick is the location of the property. Is there any guidance you can impart?

Flying freeholds in Chiswick are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Chiswick you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Chiswick may determine 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 residence.

My husband and I are a couple of weeks into a residential purchase having been directed to solicitors by the estate agent to carry out the conveyancing in Chiswick. I am am very frustrated with the quality of service. Can you you assist me in finding new conveyancers?

A lawyer would have to be very poor in order to consider replacing them. Has your mortgage been sent? In the event that it has you need to advise them of the replacement lawyer and have the loan are re-sent. The conveyancer should be on the mortgage company approved list to avoid added charges and complications. So that should be your first question of the new solicitors. The find a solicitor tool should assist you in finding a lender approved solicitor for your home move in Chiswick

My estate agent has suggested using their property lawyer for the conveyancing in Chiswick - Is it not simpler better to just instruct them?

It is worth checking if the selling agent is recommending a lawyer or introducing to a solicitor. There are plenty of Chiswick estate agents who recommend two or three Chiswick conveyancing firms purely based on those lawyers offering a great service.