Conveyancing F.A.Qs
Natalie Glover
Partner at Chadwick Lawrence LLP with a passion for client care and business development
With Michelle Myers , Conveyancing Manager at Chadwick Lawrence LLP
To celebrate #NationalConveyancing week, we are asking some of our team to answer the most commonly asked questions. Today is the turn of Michelle Myers . Michelle joined Chadwick Lawrence in 2013 with over 11 years’ experience in Commercial and Residential #Conveyancing.
Michelle deals with all aspects of #PropertyLaw having specialised in #equityrelease and commercial law and having acted for the country’s largest property investment company for 8 years.
Michelle deals with all types of conveyancing, with 18 years experience as a conveyancer.? She is based at our?#Guiseley Branch, supervising 10 staff.?
Let's dive right in...
Do I need a Conveyancer if I am buying a house for cash?
Buying a property with ‘cash’ is a very similar process to someone #buying a property with the aid of a #mortgage. The #conveyancing process still needs to take place and the #transfer of the purchase #price still needs to be managed between the sellers and buyers’ legal #representation.
Whether you are #purchasing #property with a #mortgage or with cash, it is advisable to have legal representation so that all the relevant information about the property can be checked and reported to you, so that you can make an informed decision whether to buy the property.
Remember that a property will probably be the single most expensive purchase you ever make, make sure you are well informed by an expert before doing so.
What are the main searches when buying a house??
Searches are recommended when purchasing property, and the location of the property will determine which searches are recommended.
?You will be advised by your conveyancer which searches are required?for your property that are relevant to the location.
The main searches are as follows:-
Water and Drainage Search
This search makes enquiries of the water and sewerage utility provider. This report identifies if a property is connected to the mains water supply, the location of public water drains, whether there are any public sewers within the boundaries of the property or in the near vicinity, and if any sewers or proposed sewers are adopted.? It also indicates whether foul water and surface water drain from the property to a public sewer, and the basis of charging for sewerage and water supply.
Environmental Search
An environmental search will identify past and present industrial land use, which may indicate the potential for the land to be classified as contaminated.? If the local authority has registered the land as ‘contaminated’, it can pass the liability and costs for cleaning it up to you as the owner or occupier if it cannot find the person responsible for originally contaminating it.? Clean-up costs often exceed the value of the property.
Most environment reports also contain information about nearby industrial processes or installations such as landfill or waste management sites, as well as pollution incidents, basic flood information and whether the property could be affected by subsidence or landslip. Energy and Infrastructure information is also included in most environmental searches as well as if there are existing or proposed nearby wind farms and wind turbines.
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Local Authority Search?
This search identifies any issues that might adversely affect the property in question. This includes information about planning consents, highways information and road adoption agreements, and any notices and/or restrictions affecting the property if, for example, it is within a conservation area, smoke control area or if there are any tree preservation orders. It covers listed buildings (if relevant) and regeneration areas (if applicable).
Mining Searches (if applicable)
Depending on the area the property is situated within will depend on whether you require a #mining search, typically these include coal mining, tin, Cheshire brine, limestone and chalk.
Certain parts of the UK are at risk of hazards caused by mining activity or radon gas.? These hazards have the potential to cause subsidence or have a negative effect on health. If you are buying property in Cornwall for example, your mortgage lender will usually require a tin mining search which will identify current, planned or historic underground workings, and may indicate if any previous claims have been made for subsidence. If you are buying a property in the North or North East of England, it may be a coal mining search which is required. Given we are a Yorkshire firm, coal mining is detailed below.
Coal Mining (if applicable)
A Coal Mining Search consists of information about mining activity on a property specific basis and includes:-
Additional advice may also be included where appropriate, depending on the mining circumstances.3.
Do I need a survey?
I have been saying to my clients for many years “You are buying a house, not a pair of shoes” - Michelle Myers
There are no silly questions and preparation is key. It is a huge expense, and your pockets are probably feeling quite empty already, however a #survey, albeit not a legal requirement, is recommended and could actually save you money in the long run.
A survey could reveal a problem with the property which ultimately leads to your withdrawal from the purchase. They are vital in assessing the condition of the property.
The #surveyor will look at the condition of the #building and will report to you on any issues they find. A basic survey will check that the building, roof, and boundary walls are in a good state of repair and a more detailed survey will look at the electrical safety, drainage, damp, the windows, rot, and gas safety etc. Any problems which the survey reveals can then be dealt with between you and the sellers. Often buyers ask the seller to fix the issues before they proceed whilst some buyers renegotiate the price to allow for the cost of the buyer to rectify the issues post completion.
Please be aware that a house survey is very different to a mortgage lender's #valuation. The sole purpose of a valuation is to show the lender that the property is worth the purchase price. A survey tells you what you need to know about the significant investment you are about to make.
If you have anymore questions for Michelle, then you can contact her at: [email protected]