Should our solicitor be raising enquiries about flooding as part of the conveyancing in Clare.

The risk of flooding is if increasing concern for conveyancers dealing with homes in Clare. There are those who acquire a property in Clare, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.

Solicitors are not best placed to offer advice on flood risk, however there are a number of checks that may be undertaken by the buyer or on a buyer’s behalf which can give them a better understanding of the risks in Clare. The standard property information forms given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual question of the seller to find out whether the premises has suffered from flooding. In the event that flooding has previously occurred and is not notified by the seller, then a purchaser could bring a claim for damages as a result of such an misleading response. A buyer’s solicitors will also commission an enviro search. This should indicate whether there is any known flood risk. If so, additional investigations should be carried out.

My wife and I purchased a terraced Edwardian house in Clare. Conveyancing lawyer represented me and Leeds Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold under the exact same property. Is it worth asking Leeds Building Society to clarify?

You need to read 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 Clare and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing solicitor who carried out the work.

How does conveyancing in Clare differ for newly converted properties?

Most buyers of new build property in Clare approach us having been asked by the builder to exchange contracts and commit to the purchase even before the property is finished. This is because builders in Clare usually buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Clare or who has acted in the same development.

What makes your site different to other online quote calculators for conveyancing in Clare?

At this site obtain a conveyancing quote via a Solicitor or Licensed Conveyancer that understands the nuances of your conveyancing in Clare. As opposed to estate agents and brokerage sites we do not operate referral deals with solicitors. A large number of agents and online brokers 'recommend' the firm paying the highest commission, rather than the best value conveyancing in Clare

I am in need of some leasehold conveyancing in Clare. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and 99.9% are in Clare - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Leasehold Conveyancing in Clare - Sample of Queries before buying

In the main the cost for major works tend not to be included within maintenance charges, albeit that there some managing agents in Clare ask leasehold owners to contribute towards a reserve fund created for the specific purpose of establishing a fund for major works. Many Clare leasehold flats will incur a service bill for maintenance of the block invoiced on behalf of the freeholder. Where you buy the property you will have to meet this contribution, normally periodically during the year. This could be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent to be met yearly, this is usually not a significant sum, say about £50-£100 but you should to check it because sometimes it could be many hundreds of pounds. How many of the leaseholders are in arrears for their maintenance charge payments?