My brother and I have just acquired a house in Eastleigh. We have noticed several issues with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered for conveyancing in Eastleigh?

It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Eastleigh. Conveyancing searches and investigations undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner completes a document called a Seller’s Property Information Form. If the information proves to be inaccurate, 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 Eastleigh.

How does conveyancing in Eastleigh differ for newly converted properties?

Most buyers of new build premises in Eastleigh contact us having been asked by the seller to sign contracts and commit to the purchase even before the residence is ready to move into. This is because new home sellers in Eastleigh typically purchase the real estate, 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 conveyancers 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 Eastleigh or who has acted in the same development.

I decided to have a survey carried out on a property in Eastleigh before instructing solicitors. I have been told that there is a flying freehold aspect to the house. Our surveyor advised that some lenders tend refuse to issue a mortgage on such a premises.

It varies from the lender to lender. Lloyds has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Eastleigh. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Eastleigh to see if the conveyancing costs will increase in light of this.

My father has recommend that I use his conveyancing solicitors in Eastleigh. Should I use them?

No doubt it’s preferable to select a conveyancing practitioner is to seek guidance from friends or family who have actually experience in using the solicitor you're are thinking of instructing.

Can you offer any advice when it comes to appointing a Eastleigh conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Eastleigh conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggest that you make enquires with several firms including non Eastleigh conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be helpful:

How many lease extensions has the firm completed in Eastleigh in the last 12 months? Can they put you in touch with clients in Eastleigh who can give a testimonial?

Eastleigh Leasehold Conveyancing - Sample of Queries Prior to Purchasing

What prohibitions exist in the Eastleigh Lease? Is the freehold owned collectively by the leaseholders? You should be aware if it is no more than eighty years it will have adverse implications on the salability of the property. Check with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension sooner rather than later and it is worth discovering what this will be. For most Eastleighlease extensions you would need to own the residence for 24 months in order to be legally able to carry out a lease extension.