My partner and I are intent on purchasing residence in Canvey Island. My Conveyancer has never been on on the lender conveyancing panel. Can I still use my Canvey Island conveyancing solicitor notwithstanding that they are excluded from the mortgage company approved list?

One will need to instruct a conveyancer to deal with the legal work required when you require a loan to buy your property. The solicitor will conduct all the relevant investigations on the property, ensuring that you’re properly registered as the owner and ensure that all the required mortgage documentation is dealt with. You may select a Canvey Island conveyancing practitioner of your choosing. Nevertheless, if the conveyancer appointed is not on the bank conveyancing panel supplemental fees will arise as separate legal representation will be required by them. Bank panel applications can be submitted, so where your lawyer has not historically applied for membership they can do so.

Can I use your services to recommend a Conveyancing solicitor in Canvey Island even where I’m not purchasing or selling a house, for instance if I wish to acquire a shop in Canvey Island with a loan from HSBC Bank?

Our search tool is mainly there to locate residential conveyancing solicitors in Canvey Island but we have set out at the end of this page a selection of Canvey Island commercial conveyancing firms. You should enquire with the solicitors directly to check if they can also act for HSBC Bank

I am intent on selling our house in Canvey Island and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed a national conveyancing practice as opposed to a conveyancing solicitor in Canvey Island. We have lived in Canvey Island for six years we know that this is a non issue. Do we contact our local Authority to seek confirmation need.

It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)

Are there restrictive covenants that are commonly picked up as part of conveyancing in Canvey Island?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Canvey Island. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I am attracted to a two maisonettes in Canvey Island both have about forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold apartment in Canvey Island is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the value of the property. For most purchasers and mortgage companies, leases with less than 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Canvey Island conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Canvey Island Leasehold Conveyancing - A selection of Queries Prior to Purchasing

It is important to be aware if fixing the lift or some other significant cost is pending to be shared amongst the leaseholders and could well dramatically increase the the service fees or require a one time invoice. If a Canvey Island lease has less than 80 years it will affect the salability of the flat. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of how much this will be. For most Canvey Islandlease extensions you would be be obliged to have been the owner of the premises for a couple of years before you are eligible to exercise a lease extension.