In October 2007, our conveyancing West Sussex team handled the purchase conveyancing for a freehold, for a home located at Southwater, Horsham. This particular property was valued at around £285,000.00 and was in the local authority of Horsham District Council.
A risk of natural subsidence was uncovered (further details can be viewed in the environmental searches.)
The Land Registry Office copies that were supplied, revealed that the registered proprietors had owned the property for less than five years and as such there was a danger that the transfer of the property to the seller could be set aside if it was established that the property within that five year period was a Transfer at Undervalue.
Office Copies obtained from the Land Registry revealed that the registered proprietors had owned the property for less than three months. The CML (Council of Mortgage Lenders) Handbook dictates that conveyancing solicitors have to reveal to the buyer's lender in any situation where a property being purchased has been owned for less than six months. This is due to valuation reasons. As such, we had to make specific enquiries on behalf of the lender.
The Land Registry documentation revealed that the property was subject to restrictions/rights/covenants which were set out in a transfer that was dated 05/04/1973. It was important that we checked with the registered proprietors conveyancing solicitor that these restrictions had been fully complied with.
The property lawyer , Sayrha Elahi, was in charge of conveyancing in West Sussex.
The estate agent's sales particulars detailing the registered proprietors conveyancing solicitor were obtained shortly before receiving the sale documentation. The estate agent was Cubitt and West (branch covering West Sussex).
The seller's conveyancing solicitor, in West Sussex, was Lewis and Dick.
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