My god-son is buying a house that has just been built in Much Wenlock with a mortgage from . His solicitor has advised him of a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?

The document is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

What is the first thing I need to know concerning purchase conveyancing in Much Wenlock?

You may not hear this from too many lawyers but conveyancing in Much Wenlock or throughout is often a confrontational process. Put another way, when it comes to conveyancing there exists lots of opportunity for confrontation between you and other parties involved in the home moving process. For example, the seller, estate agent and even potentially your bank. Selecting a solicitor for your conveyancing in Much Wenlock should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose role it is to protect your legal interests and to protect you.

On occasion a third party with a vested interest may attempt to convince you that it is in your interests to do things their way. For instance, the estate agent may claim to be assisting by claiming that your conveyancer is dragging his heels. Or your mortgage broker may tell you to do take action that is against your solicitors recommendation. You should always trust your lawyer above all other parties in the conveyancing process.

I have been told that property searches are the number one cause of stalling in Much Wenlock house deals. Is there any truth in this?

The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances during the legal transfer of property. Searches are unlikely to be the root cause of delay in conveyancing in Much Wenlock.

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

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Much Wenlock. 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…’

My partner and I may need to let out our Much Wenlock basement flat temporarily due to taking a sabbatical. We instructed a Much Wenlock conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Much Wenlock conveyancing lawyer is no longer available you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you are obliged to seek permission from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Much Wenlock Leasehold Conveyancing - Examples of Queries Prior to buying

It would be sensible to discover as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to day to day issues like the cleanliness of the common parts. Don't be shy to ask other people what they think of their management. Finally, investigate as to the dates that the service charges are due to the managing agents and specifically what it includes. How is the lease structured? Be sure to investigate if there are any onerous restrictions in the lease. For example it is reasonably common in Much Wenlock leases that pets are not allowed in in a block in Much Wenlock. If you love the propertyin Much Wenlock however your cat can’t live with you then you have a very difficult determination.