I am need of leasehold conveyancing for a flat in a fairly new development (6 years old) in Street. Almost all the flats have already been disposed of. Do I need carry out the conveyancing searches as part of conveyancing in Street?

You would be taking a significant risk in failing carrying out Street conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal necessity to have them, but we would strongly advise in the strongest possible terms that you have them. Where speed and expenses are top of your concerns you should discuss with your lawyer about the options such as contingency insurance available to you

Can you explain why leasehold purchase conveyancing in Street is more expensive?

Street leasehold conveyancing transactions usually involve additional investigations than freeholds including investigating the Lease, liaising with the Landlord such as serving appropriate notices on the Landlord or managing agent, obtaining up-to-date service charge and management information, obtaining Landlord’s consents and reviewing management accounts and formation documents.

Will my lawyer be raising questions concerning flooding as part of the conveyancing in Street.

Flooding is a growing risk for lawyers dealing with homes in Street. Some people will acquire a property in Street, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to impart advice on flood risk, but there are a various searches that may be undertaken by the buyer or on a buyer’s behalf which will give them a better appreciation of the risks in Street. The conventional set of property information forms given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the vendor to determine if the premises has historically flooded. In the event that flooding has previously occurred which is not notified by the owner, then a buyer may issue a legal claim for losses as a result of such an inaccurate reply. The purchaser’s solicitors will also carry out an enviro search. This should higlight if there is any known flood risk. If so, further investigations should be conducted.

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, chain free conveyancing. Street is the location of the property. Is there any advice you can impart?

Flying freeholds in Street are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Street you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Street may decide 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 brother has recommend that I use his lawyers for conveyancing in Street. Should I find my own property lawyer?

No doubt the ideal way to choose a conveyancing lawyer is to have feedback from friends or family who have experience in using the solicitor you're considering.