"Guys, Any Burning Issues In Conveyancing Today?"
- AuthorPaul Hajek
We really meant ‘hot topics’ but the 5th November and talk of Guy Fawkes and bonfires only comes around once a year.
Anyway, we like to think we’re the ‘good guys’ and like to bring you current Conveyancing issues that can get some people a bit hot under the collar.
The list, you may be pleased to hear, is not exhaustive but nevertheless extinguished.
Online Conveyancing Scams.
The subject of our most recent blog and well worth publicising again.
Cyber-crime is on the increase and internet scammers are tricking people like you (and some law firms) with their online skulduggery.
See what online and offline scams you should look out for how you can stop them in their tracks here
Property fraud is also on the increase.
Your property can be at risk if it is:
Mortgage free – the fraudsters steal the home owner’s identity and create a new mortgage on the property.
Vacant property – the property has been left empty, the owner lives abroad, is infirm or in a care home. The fraudsters can again try and steal the home owner’s identity and sell or create a new mortgage
Tenanted property – tenants masquerade as the home owner and attempt to forge documents in their name.
Find out what you can do to prevent property fraud here.
“Do I need a Survey?” is a frequently asked question clients ask us when buying a new house or flat.
In short: “yes” is always our reply.
But, the statistics tell a different story.
Only 1 out of 5 Home buyers commission a Building Survey or at the lesser ‘Royal Institute of Chartered Surveyors’ (RICS) Homebuyers or Home Condition Reports before buying their new home.
We hear many excuses why home buyers shy away from commissioning a survey.
We debunk some of those excuses here.
Veyo and Free2Convey- Who Will Win?
Who or What is Veyo and Free2Convey? And you’re right to ask.
Veyo is a Joint Venture between the Law Society and Computer giant Mastek UK.
Veyo is a (self-styled) faster, case-management tool to more efficiently manage the process of buying and selling a home online - although it’s not launched yet.
It will provide one portal for all the conveyancing processes to mingle and cross-pollenate – you know, transparency in the conveyancing process and all that.
Free2Convey is the fightback (unsurprisingly) from a comprehensive range of existing case management suppliers.
The fight should begin in earnest (a nice village not far from here) later this year or early in 2016.
Watch this space.
Chancel Repair Liability.
What, indeed, has happened since my various blogs and appearances on BBC TV and Radio discussing the wonderfully arcane, archaic but terribly current Chancel Repair Liability.
In truth, not much.
Back in the day (900 AD or thereabouts), much of England and Wales was owned by parish churches –about 4,000,000 acres.
Every parish had its vicar or rector. A contribution known as a tithe was taken from parishioners in return for using land owned by the parish.
Tithes were split into 'great tithes' and 'small tithes'. Commonly, great tithes were paid to the rector for the area and small tithes to the local vicar.
The rector or vicar also earned income from 'glebe lands' which were local tracts of land to be used for their benefit.
The Rector used the income from the tithe to fulfil one of his responsibilities, namely maintenance of the Chancel of his Church.
Over the years, further rectorial land (and thereby a responsibility to repair the Chancel) was created through the conversion of tithes into land by Enclosure Acts.
Unfortunately, although Parliament eventually abolished tithes, nothing was done to abolish Chancel Repair liability until it was included (and even then as an afterthought) in some catch all legislation passed in 2002.
When you are buying your new house, your Conveyancing Solicitor will still carry out a Chancel Repair Liability search on your new property.
And, if a potential ( but, increasingly unlikely) claim may be possible you will need to take out Chancel Repair Liability insurance to protect yourself against any future claims.
Moving Home Soon?
And what about you, dear reader? If you’re planning on moving home before Christmas or early in the new year and feel like you need a push in the right direction and a brush up on what you need to be thinking about, download your very own Property Bootcamp PDF for free and receive some essential advice in 7 simple steps.
Get fired up (just when you had forgotten about the date today!) and download for free below.