My aunt passed away six months ago and as sole heir and executor I was left the property in Nunhead. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Santander will require that you use a conveyancer on the Santander 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 Santander 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 Santander mortgage is registered as a charge at the Land Registry.
My colleague recommended that if I am buying in Nunhead I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is sometimes quoted for as part of the standard Nunhead conveyancing searches. It is not a small document of more than thirty pages, listing and setting out important information about Nunhead around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with plans and statistics, Local Amenities and other useful information concerning Nunhead.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Nunhead?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Nunhead. 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…’
Due to the guidance of my in-laws I had a survey completed on a property in Nunhead before appointing solicitors. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some lenders may not issue a loan on a flying freehold house.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Nunhead. Conveyancing will be smoother if you use a solicitor in Nunhead especially if they are acquainted with such properties in Nunhead.
Having had my offer accepted I require leasehold conveyancing in Nunhead. Before I get started I require certainty as to the unexpired term of the lease.
If the lease is recorded at the land registry - and most are in Nunhead - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have had difficulty in trying to reach an agreement for a lease extension in Nunhead. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a Nunhead conveyancing firm who can help.
An example of a Freehold Enfranchisement decision for a Nunhead property is 41 Endwell Road in March 2013. this matter relateed to the acquisition of the freehold of a mid- terraced Victorian house converted into three separate self-contained dwellings. By an order dated 28/11/2012, Deputy District Judge Cole in the Bromley County Court held that the leaseholders were entitled to acquire the freehold and directed that the premium payable be determined by this Tribunal. The Tribunal assessed the premium to be £14,753 This case affected 3 flats. The unexpired term was 80.01 years.