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Recently asked questions about conveyancing in Montpelier

My partner and I have lately acquired a house in Montpelier. We have since encountered a number of issues with the property which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out for conveyancing in Montpelier?

It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Montpelier. Conveyancing searches and investigations undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the process, the vendor answers a questionnaire known as a Seller’s Property Information Form. answers proves to be inaccurate, you may have a misrepresentation 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 Montpelier.

I can see plenty of here about conveyancing in Montpelier but can you isolate your top tip for selecting the right conveyancer in Montpelier

Do not opt for the lowest Montpelier conveyancing quote. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.

My uncle pointed out to me me that in purchasing a property in Montpelier there may be a number of restrictions preventing external alterations to a property. Is this right?

We are aware of a number of properties in Montpelier which have some sort of restriction or requirement of consent to perform external alterations. Part of the conveyancing in Montpelier should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.

Are all Montpelier Conveyancing Quality Solicitors on the Santander conveyancing panel?

It is true that some banks and building societies now use CQS as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.

Are there restrictive covenants that are commonly picked up during conveyancing in Montpelier?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Montpelier. 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…’

About to purchase a new build flat in Montpelier. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Montpelier

    Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.

I have been on the look out for a flat up to £245,000 and found one near me in Montpelier I like with open areas and station nearby, however it only has 61 remaining years left on the lease. There is not much else in Montpelier in this price bracket, so just wondered if I would be making a mistake purchasing a short lease?

Should you need a mortgage that many years will be a potential deal breaker. Discount the price by the amount the lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of twenty four months you could ask them to commence the lease extension formalities and pass it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.

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