My conveyancer has discovered a defect with the lease for the property we are purchasing in Whiteley. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer says that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
I am the registered owner of a freehold residence in Whiteley but nevertheless charged rent, why is this and what is this?
It is rare for properties in Whiteley and has limited impact for conveyancing in Whiteley but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
My bid for a property was accepted at auction in Whiteley. Conveyancing is necessary. What happens now?
Now that you are legally committed yourself to purchase you must hire the services of a conveyancing practitioner soon as you now have a pending a drop dead date to complete the purchase. An auction property will ordinarily have a corresponding auction set of papers. This will include evidence of title and search results. If you have purchased leasehold property the auction pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork specific to leasehold premises. You need to give this to the lawyer working for you at the earliest opportunity. Do make sure that that you have the requisite funding in order to complete on the on the contractual date .
We are planning to move home in March. Does my conveyancing solicitor liaise with the removal company on the completion day. Incidentally, can you recommend a removal company in Whiteley. Conveyancing solicitor was chosen before I stumbled across this page.
On the afternoon of completion you can collect the house keys from the property agent but this can only be done after the vendors conveyancers advise the agent that the monies to complete are in and the keys can be collected. After that you will need to advise the removal company that you are ready to move in. As a matter of policy we do not recommend a particular removal organisation but can help you find a conveyancing in Whiteley or a solicitor that specialises in conveyancing in Whiteley.
I am purchasing a detached bungalow in Whiteley. Our aim is to carry out an extension to the side at the property.Will the conveyancing process involve enquiries to determine if these alterations are allowed?
Your conveyancer will check the registered title as conveyancing in Whiteley can on occasion identify restrictions in the title deeds which prohibit categories of changes or require the permission of a 3rd party. Certain additions require local authority planning permissions and approval in accordance building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these issues with a surveyor before you commit yourself to a purchase.
Back In 2001, I bought a leasehold flat in Whiteley. Conveyancing and Alliance & Leicester mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Whiteley who acted for me is not around. Any advice?
First contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Whiteley conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Whiteley Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
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Please note that where the lease has no more than 80 years it will affect the salability of the property. Check with your bank that they are happy with remaining years on the lease. A short lease means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out what this would cost. For most Whiteleylease extensions you will need to own the property for a couple of years before you are entitled to carry out a lease extension. How is the lease structured? How much is the ground rent and service charge?
It may have been a long time coming a loan offer from a mortgage company for the remortgage of my 4 bedroom flat is expected any day now. Can you suggest an efficient remortgage conveyancing lawyer in Whiteley ?
This site is not designed to help in pursuit of the cheapest conveyancing solicitors in Whiteley. Our intention is to offer cost effective conveyancing but we do not aim to advertise as being the cheapest. Avoid the trap of appointing companies offering £99 conveyancing in Whiteley.In your best case scenario, in opting for cheap conveyancing, you will end up with what you pay for and at worst you will end up paying a lot in additional fee and still not get the service you were hoping for.