I am need of leasehold conveyancing for an apartment in a relatively new development (seven years old) in Botley. 95% of the appartments have already been sold. Do I need carry out the local searches for my conveyancing in Botley?
Where you are obtaining a mortgage, your bank will insist on some (many) of the searches so you'll have no choice. If not, then Botley conveyancing searches are optional. No doubt your conveyancer, will 'advise', perhaps strongly, that you should not go ahead without searches, but he or she is duty bound in this regard. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you choose to instruct your lawyer to proceed without searches then your lawyer will have to follow your instructions or you will need to swap to an alternative solicitor for your conveyancing in Botley.
Are there restrictive covenants that are commonly identified during conveyancing in Botley?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Botley. 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…’
Due to the input of my in-laws I had a survey completed on a house in Botley prior to appointing conveyancers. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some mortgage companies may not grant a mortgage on such a property.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. Should you wish to call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Botley. Conveyancing will be smoother if you use a solicitor in Botley especially if they are accustomed to such properties in Botley.