With the benefit of only modest experience compared to some colleagues, here are a few “hiccups” from my conveyancing and property practice experience:
1. TA10 Fittings & Contents Form – fitted means fitted, included means included, please tick both if it’s both or I will be immediately asked.
2. How long to register a purchase? I don’t know, I really wish I did and when HM Land Registry’s strict expedition requirements are met we can try to speed things up, and if this “registration gap” causes you problems we are really sorry and happy to discuss your options with you.
3. How long to complete my transaction? This depends on the matter, whether there is a lender or other third party, what the Title is like, what the land is like, but we do have average timescales for different types of matter generally.
4. “My flat is freehold” well, that is either incorrect or extraordinarily rare. Please raise this with us. We have much to discuss.
5. Planning vs Building Regulations/Control – these are completely separate legal regimes; one is for urban and rural planning etc and the other is concerned with safety. If you have any questions please feel free to ask but please be mindful you may find you need both, but please do ask before anything!
7. “I own a share of the freehold” – Do you, or do you own or are you a member of the company that owns the freehold? Please be careful of this distinction because in terms of our work, the difference is huge.
8. TA6 Property Information Form – Was it an Environmental Search? Or an actual Radon Report? Or Flood Report? Just before you tick that box on the TA6 Property Information Form.
9. Alterations to flats or managed properties – did you need consent? What happened to the existing fixtures and who’s were they? If a company owns the freehold and is your landlord, technically that’s the company’s consent, not yours. Don’t worry, but we need to know.
10. A peppercorn rentcharge – it sounds odd, I’m certainly not of an age to remember a peppercorn as valuable consideration, I grew up texting, but to this day in law it is. That sir is a rentcharge. Let’s look at it.
11. You don’t like your middle name? Well ask us about changing it, because otherwise if it appears on your valid ID I need to know it and use it on some forms, or it’s not going to work.
12. Be Honest! Please. If you make certain representations in writing, of through us, you could find yourself in hot bother for misrepresentation, fraud, negligent misstatement. If you are unsure or worried, please talk to us.
13. “To Follow” – If you know you have this document, great. However, if you don’t or are unsure, the other side will be asking for it. Talk to us about this before anything else.
14. The occupier lives at University – but are they typically resident at the Property? Is it their normal correspondence address? And if we complete during the holidays…? So please ask the student who is part-time occupier to sign as an occupier
15. Japanese Knotweed and other invasive species – would you be able to spot it in a botanical garden? If not, answer Not Known, this will be queried and I am increasingly being asked if clients have horticultural expertise. Otherwise, it’s a warranty the buyer relies upon.
16. Any other owners? I will need to speak to them, we cannot overlook another owner (legal or beneficial).
