I am hoping to move into my new home in Blakeney next Friday. My conveyancing practitioner now wants me to supply her with evidence of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the bank. What does the insurance need to cover?
All property lawyers on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook instructions. These requirements are not limited to conveyancing in Blakeney.
Finally the sale completed on my house in Blakeney last August but the buyer keeps SMS messaging me complaining that her lawyer needs to hear from mine. What should my lawyer have done following completion?
Following your house sale your solicitor should deliver the transfer documentation and all of the paperwork to the buyer’s lawyers. Where relevant, your lawyer should also send confirmation that the home loan has been discharged to the purchasers conveyancers. There is unlikely to be post completion requirements just for conveyancing in Blakeney.
I purchased a semi-detached Edwardian property in Blakeney. Conveyancing solicitor acted for me and Aldermore. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Blakeney and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing practitioner who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what should have been a quick, no chain conveyancing. Blakeney is where the house is located. Is there any guidance you can give?
Flying freeholds in Blakeney are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Blakeney you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Blakeney may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
What makes a Blakeney lease problematic?
Leasehold conveyancing in Blakeney is not unique. All leases are unique and drafting errors can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:
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Service charge per centages that don't add up correctly leaving a shortfall A duty to insure the building
You may have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Barnsley Building Society, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to pull out.
Blakeney Leasehold Conveyancing - Examples of Questions you should ask before buying
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This information is important as a) areas could cause problems in the block as the communal areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the running of the building you will wish to know about it Make sure you discover if there is anything that is prohibited in the lease. For example some leases prohibit pets being permitted in certain buildings in Blakeney. If you love the propertyin Blakeney however your cat can’t move with you then you will be presented with a hard determination. On the whole the cost for major works tend not to be incorporated into the maintenance charges, albeit that some managing agents in Blakeney ask leasehold owners to pay into a reserve fund created for the specific purpose of building a fund for major works.