Various internet forums that I have frequented warn that are the number one cause of obstruction in Arnold conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of delays in the conveyancing process. Searches are not likely to feature in any slowing down conveyancing in Arnold.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Arnold?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Arnold. 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'm purchasing a new build house in Arnold benefiting from help to buy. The builders would not move on the amount so I negotiated £7000 of extras instead. The property agent told me not to tell my lawyer about this extras as it could jeopardize my mortgage with Britannia. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold element on a house I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Arnold is where the house is located. Is there any advice you can give?
Flying freeholds in Arnold are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Arnold you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Arnold may determine 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.
When it comes to leasehold conveyancing in Arnold what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Arnold. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:
A duty to insure the building Repairing obligations to or maintain parts of the property
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Virgin Money, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to pull out.
Leasehold Conveyancing in Arnold - Examples of Queries Prior to buying
Are any of leasehold owners in arrears of their service charge liability? Most Arnold leasehold properties will be liable to pay a service charge for maintenance of the building levied by the freeholder. If you acquire the flat you will have to meet this contribution, usually quarterly during the year. This could vary from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay annual, this is usually not a large sum, say about £25-£75 but you should to check as on occasion it can be many hundreds of pounds. Who takes charge for maintaining and repairing the building?