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Recently asked questions about conveyancing in Rye

Why is leasehold purchase conveyancing in Rye costs more?

In short, leasehold conveyancing in Rye and elsewhere usually warrants additional work compared to freehold transactions. This includes checking the lease terms, communicating with the landlord about serving appropriate notices, obtaining current service charge and management information, procuring the landlord’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first entered into.

Will my lawyer be making enquiries concerning flooding during the conveyancing in Rye.

The risk of flooding is if increasing concern for conveyancers specialising in conveyancing in Rye. There are those who acquire a house in Rye, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the buyer.

Lawyers are not best placed to impart advice on flood risk, but there are a number of checks that may be undertaken by the buyer or by their lawyers which will figure out the risks in Rye. The standard information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual question of the owner to discover if the premises has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the owner, then a purchaser may issue a claim for damages resulting from an misleading answer. The buyer’s solicitors should also order an enviro search. This will reveal whether there is a recorded flood risk. If so, further investigations should be initiated.

I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Rye is where the house is located. Can you offer any opinion?

Flying freeholds in Rye are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Rye you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Rye may ascertain 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.

We expect to complete the disposal of our £450,000 garden flat in Rye in 5 days. The freeholder has quoted £384 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Rye?

For most leasehold sales in Rye conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    Addressing pre-exchange questions Where consent is required before sale in Rye Supplying insurance information Deeds of covenant upon sale Registering of the assignment of the change of lessee after a sale
Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Rye leasehold property is £350. For Rye conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

Rye Leasehold Conveyancing - Sample of Queries before buying

    In the main the cost for major works tend not to be included within service charges, although there some managing agents in Rye obliged tenants to contribute towards a reserve fund created for the specific purpose of establishing a fund for larger works. How long is the Lease? Most Rye leasehold apartments will incur a service bill for the upkeep of the building set by the landlord. If you acquire the apartment you will have to meet this charge, usually in instalments during the year. This may be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent to be met annual, this is usually not a large figure, say around £25-£75 but you should to check as on occasion it could be prohibitively expensive.

My partner and I intend to purchase our 1st home in Rye. Conveyancing practitioner has been selected. The mortgage adviser advised that a survey is not appropriate as the property was only built 22 years ago.

You would be best advised to have a Home Buyer's Report. As the premises was built more than a decade ago the property will not come with a warranty, so you would be well advised not to take a risk. For a property that age with no signs of problems a Home Buyer's report could be enough. The report should highlight any apparent issues and recommend additional investigation where relevant. Where there are any signs of problems get a full Building Survey from the beginning.

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Neighbouring Locations

Tenterden
Kingsnorth
Romney
Rye
Hastings
Winchelsea

Find out more about how flying freehold can affect your the value of a property.