As someone clueless as to the Shirley conveyancing process what is the number one tip you can give me for the ownership transfer in Shirley

You may not hear this from too many lawyers but conveyancing in Shirley and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there is lots of opportunity for conflict between you and others involved in the legal transfer of property. E.g., the vendor, selling agent and even potentially your lender. Appointing a lawyer for your conveyancing in Shirley should not be taken lightly as your conveyancer is your adviser, and is the ONLY person in the legal process whose responsibility is to act in your best interests and to protect you.

Sometimes a potential adversary may attempt to convince you that you should follow their advice. For instance, the estate agent may claim to be helping by suggesting your conveyancer is wrong. Or your mortgage broker may tell you to do something that is contrary to your solicitors recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.

My grandfather passed away last year and as sole heir and executor I was left the property in Shirley. The house had a relatively small loan left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this allowed?

Where you plan to refinance then HSBC will require that you use a conveyancer on the HSBC conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your HSBC conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the HSBC mortgage is registered as a charge at the Land Registry.

I have justbecome aware that Wolstenholmes have closed. They conducted my conveyancing in Shirley for a purchase of a leasehold flat 18 months ago. How can I check that my home is in my name in the name of the previous owner?

The easiest method to check if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Shirley conveyancing specialists.

Just had an offer accepted on a new build flat in Shirley. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Shirley

Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. Please confirm the Lease plans are architect prepared. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

I wish to let out my leasehold apartment in Shirley. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

A small minority of properties in Shirley do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am the leaseholder of a basement flat in Shirley. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the amount payable for the purchase of the freehold?

You certainly can. We can put you in touch with a Shirley conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Shirley residence is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case related to 4 flats. The remaining number of years on the lease was 98 years.