I am need of leasehold conveyancing for an apartment in a fairly new development (6 years built) in East Barming. The vast majority the properties have already been sold. Do I need carry out the conveyancing searches as part of conveyancing in East Barming?

You would be opening yourself up to an unnecessary risk in not carrying out East Barming 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 seriously advise in no uncertain terms that your conveyancer conducts them. Where timings and driving down costs are top of your issues you should discuss with your solicitor about the options such as contingency insurance available to you

It is a dozen years since I acquired my home in East Barming. Conveyancing solicitors have just been appointed on the sale but I can't find my deeds. Will this jeopardise the sale?

You need not be too concerned. Firstly the deeds may be retained by the mortgage company or they may still be with the lawyers who handled your purchase. Secondly in all probability the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in East Barming involves registered property but in the rare situation where your home is not registered it adds to the complexity but is not insurmountable.

Having invested time looking at consumer advice sites for an online solicitor in East Barming, most comment that I must use a CQS kitemarked lawyer. Can you explain what CQS is?

The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to prudent and efficient conveyancing processes through the scheme protocol Membership covers numerous firms who perform conveyancing in East Barming.

I am buying a new build apartment in East Barming. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in East Barming

The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?

Back In 2002, I bought a leasehold house in East Barming. Conveyancing and Halifax mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in East Barming who previously acted has now retired. What should I do?

The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to incur the fees of a East Barming conveyancing firm to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

East Barming Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

How is the lease structured? Can you tell me if there are any major works on the horizon that could add a premium to the service costs? The answer will be useful as a) areas may cause problems in the building as the communal areas may begin to deteriorate where services are not paid for b) if the leaseholders have a dispute with the managing agents you will want to know about it