As a novice what is the most important piece of guidance you can give me concerning purchase conveyancing in Ashbourne?
You may not hear this from too many lawyers but conveyancing in Ashbourne or throughout Derbyshire is an adversarial process. Put another way, when it comes to conveyancing there is lots of room for confrontation between you and other parties involved in the transaction. E.g., the seller, selling agent and sometimes your bank. Choosing a lawyer for your conveyancing in Ashbourne an important selection as your conveyancer is your adviser, and is the ONE party in the transaction whose role it is to protect your legal interests and to protect you.
There is a distinct ongoing adversarial element to conveyancing- someone has to be blamed for the process being so protracted. You must always trust your conveyancer above the other players when it comes to the legal transfer of property.
A colleague pointed out to me me that in purchasing a property in Ashbourne there could be a number of restrictions prohibiting external changes to the property. Is this right?
There are anumerous of properties in Ashbourne which have some sort of restriction or requirement of consent to external changes. Part of the conveyancing in Ashbourne should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
How can we tell if a Ashbourne conveyancing solicitor on the Kent Reliance panel is any good?
When it comes to conveyancing in Ashbourne getting recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always recommend that you speak with the solicitor carrying out your conveyancing.
I can not work out if my bank requires a lease extension. I have called into my local Ashbourne bank branch on numerous occasions and was advised it wasn't a problem and they will lend. My Ashbourne conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Provided that the conveyancer is on the mortgage company panel, they must follow the Council of Mortgage Lenders’ Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I'm buying a new build house in Ashbourne with a mortgage from Britannia. The builders would not move on the amount so I negotiated 6k of fixtures and fittings instead. The property agent told me not reveal to my conveyancer about this side-deal as it will put at risk my loan with the bank. Is this normal?.
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.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Ashbourne is where the house is located. Can you shed any light on this issue?
Flying freeholds in Ashbourne are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Ashbourne you would need to get your solicitor to go through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Ashbourne 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 property.
I pay a maintenance contribution for my flat in Ashbourne. Due to redundancy and other issues I slipped into arrears with remittance. I negotiated a clearance schedule but there remains three thousand pounds currently outstanding.
I now wish to dispose of the property and I am worried this will threaten to derail the sale if I have to pay off the arrears now. Do I have to settle before - is this viable?
The property lawyer handing your Ashbourne sale should be in a position to negotiate with the management company, and agree with them whether or not they would accept settlement out of the completion monies. Here is an example of why it might be good to appoint a conveyancer in Ashbourne as they may well have a strong line of communication with the parties.