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Recently asked questions about conveyancing in Handsworth

Completed the sale of my flat in Handsworth last October yet the purchaser is telephoning daily to say their conveyancer needs to hear from myconveyancer. What should my lawyer have done now that I have sold?

Post completion of your sale your lawyer is duty bound to forward the transfer documentation and all of the paperwork to the buyer’s solicitors. If applicable, your conveyancer should also evidence that the legal charge in favour of the lender has been paid off to the purchasers solicitors. There is unlikely to be post completion steps specific conveyancing in Handsworth.

Will our solicitor be asking questions regarding flooding as part of the conveyancing in Handsworth.

Flooding is a growing risk for conveyancers dealing with homes in Handsworth. Plenty of people will acquire a house in Handsworth, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.

Lawyers are not best placed to impart advice on flood risk, but there are a various checks that can be initiated by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Handsworth. The standard property information forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a usual question of the owner to discover if the property has suffered from flooding. If the residence has been flooded in past which is not revealed by the owner, then a buyer could commence a claim for damages as a result of such an misleading answer. A purchaser’s conveyancers may also order an enviro search. This should higlight whether there is a recorded flood risk. If so, further investigations will need to be conducted.

I got the keys to my home on 10 May and my personal details are still not registered. Should I be concerned? My conveyancing solicitor in Handsworth advises it would be concluded in less than a month. Are titles in Handsworth uniquely lengthy to register?

There is nothing unique when it comes to conveyancing in Handsworth registration formalities. Rather than based on location, timeframes can adjust depending on who lodges the application, whether it is in order and whether the Land registry need to notify any other parties. At present approximately 80% of such applications are fully dealt with within two weeks but occasionally there can be protracted delays. Historically registration occurs after the purchaser has moved in to the property therefore an expedited registration is not typically top priority yet if it is urgent that the the registration takes place urgently then you or your conveyancer can contact the land registry and explain the circumstances.

I only have 72 years unexpired on my flat in Handsworth. I now wish to extend my lease but my freeholder is can not be found. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the freeholder. On the whole a specialist would be useful to try and locate and to produce an expert document to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the application to the County Court covering Handsworth.

I own a ground floor flat in Handsworth, conveyancing was carried out 9 years ago. How much will my lease extension cost? Similar properties in Handsworth with over 90 years remaining are worth £222,000. The ground rent is £50 yearly. The lease terminates on 21st October 2097

With only 71 years left to run the likely cost is going to span between £9,500 and £11,000 plus plus your own and the landlord's "reasonable" professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use the figures in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.

Is it true that a Handsworth conveyancing solicitor taken to court by a client for failing to conduct comprehensive conveyancing searches?

We are not aware of such a Handsworth conveyancing claim but it has been reported that, a couple acquiring a home in Cumbria successfully sued their solicitor due to development plans to erect a wind farm not being identified in conveyancing searches.

Where you are contemplating buying a home in Handsworth It is important that your conveyancing practitioner carry out all Handsworth conveyancing searches needed making sure that you have accurate and current information ahead of buying a property.

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