It is 10 years ago since I acquired my property in Clayton. Conveyancing lawyers have recently been instructed on the sale but I can't track down my title documents. Is this a problem?
You need not be too concerned. First the deeds may be with the mortgage company or they may stored with the solicitor who handled your purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. Most conveyancing in Clayton relates to registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
My brother and I have recentlybought a property in Clayton. We have since encountered a number of issues with the house which we consider were missed in the conveyancing searches. What action can we take? What searches should? have been ordered as part of conveyancing in Clayton?
The query is not clear as to the nature of the problems and if they are relate to conveyancing in Clayton. Conveyancing searches and investigations initiated during the legal transfer of property are designed to help avoid problems. As part of the process, the vendor answers a questionnaire referred to as a SPIF. If the information 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 Clayton.
Due to the encouragement of my in-laws I had a survey completed on a house in Clayton before retaining conveyancers. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some mortgage companies will not give a loan on such a house.
It depends who your proposed lender is. Lloyds has different requirements from Halifax. Should you wish to call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Clayton. Conveyancing may be slightly more expensive based on your lender's requirements.