| Sale Leven Street, Middlesbrough, North Yorkshire, TS1 |
| Sale Canterbury Road, Newton Hall, DH1 |
| Sale Oak Lodge, Back John Street North, Meadowfield, Durham, Durham, DH7 |
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The titles to most homes in Middlesbrough are now registered with the land registry. This considerably simplifies the conveyancing process and enables Middlesbrough Conveyancing Solicitors to provide a quicker service for sellers and buyers, but occasionally problems do arise. One of the commonest problems when Conveyancing in Middlesbrough is when the seller claims to have a right of way or some other right which is not mentioned on the title register
Because the land registry title registration system was not universal before 1990, the land registry did not always record legal rights which benefited a property, although rights which adversely affected were registered. This has led to many home owners finding that they cannot show that they have a legal right to use an accessway despite the fact that they have used it for many years.
When this situation arises on Conveyancing transactions in Middlesbrough, the buyer’s Conveyancing Solicitors will require the sellers to pay the premium for an indemnity policy. This is an insurance policy which will indemnify the owner against any loss should anyone try to prevent the use of the accessway, including any legal costs in trying to enforce or defend a claim.
In the majority of these cases the accessway will have clearly been used by the owners of a property for very many years, but there is no mention of it in the land registry title.
The sellers will have to make a statutory declaration confirming that they have used the access for the whole time they have owned the dwelling, without having obtained the consent of anyone else, and that no-one has objected. A statutory declaration is a document which can be produced as evidence in court.
As it is extremely rare for there to be any problem with adjoining owners trying to prevent use of an access which has been used for many years, the premiums for these indemnity policies are very low in relation to the value of the house, and provide a cheap way of solving the problem.
A naturally occurring radioactive gas found in homes throughout Middlesbrough, many homeowners are unaware of the risks radon poses. Usually, a solicitor's local authority search indicates that radon levels are insignificant, but high volumes the gas may cause lung cancer. Factoring up from Health Protection Agency surveys, it is estimated that 1 in 100 buildings are at or above the actionable (safe) level of Radon. The Middlesbrough sample considered 260 of the 102000 homes in the TS postcode district. The mean measurement found 37 Bq -3 with the highest recording being 1600 Bq -3.
Of the sample group 6 properties were considered over the Action Level. Extrapolated, this would mean that statistically 6138 properties will exceed the acceptable Radon level. If during the Conveyancing in Middlesbrough, the environmental search carried indicates a high probability of Radon, it is possible to order a cost effective Radon test (roughly £50). If radon is detected above the Action Level, it does not mean you cannot still purchase the new home in Middlesbrough as counter measures can be implemented for around £1,000.
The Environment Agency advises that all over the UK, there are thousands of sites that have been contaminated by previous use. Further enquiries may be necessary if a search indicates that a property is located on (or could be otherwise affected by) contaminated land. Usually the risk is very slight and insurance can be obtained.
Purchasers of new build property around Middlesbrough should be aware that brownfield sites have increasingly been developed. In such circumstances, it is vital that your solicitor check that the correct clean up work has been carried out. In the event that nearby contaminated land is suspected, insurance premiums are generally reasonable.