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Recently asked questions about conveyancing in Ashtead

Our Ashtead conveyancer has discovered an inconsistency between the surveyor’s assumptions in the valuation report and what is in the title deeds. My solicitor informs me that he must check that the bank is happy with this discrepancy and is content to go ahead. Is my conveyancer’s stance right?

Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.

Are there restrictive covenants that are commonly identified as part of conveyancing in Ashtead?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Ashtead. 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…’

Given that I will soon part with £400,000 on a terraced house in Ashtead I wish to have a conversation with the lawyer about myconveyancing in advance of giving the go ahead to the firm. Is this something that you can arrange?

This is something that we encourage - it is our preference to talk to you we do not take any clients on without you speaking to the conveyancer who will be conducting your conveyancing in Ashtead.There is no ‘factory style conveyancing’ - every client is an important individual, not a matter number. The practices that we put you in touch with believe that the fees you are quoted for residential conveyancing in Ashtead should be the figure that you end up paying.

I have just started marketing my garden flat in Ashtead. Conveyancing solicitors are to be appointed soon, but I have recently received a quarterly maintenance charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should discharge the maintenance contribution as usual given that all ground rent and maintenance payments should be allotted as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

Following years of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Ashtead. Can we issue an application to the Residential Property Tribunal Service?

Where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to make a decision on the price payable.

An example of a Lease Extension decision for a Ashtead property is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case affected 1 flat. The unexpired term as at the valuation date was 60.43 years.

My wife and I today become aware that one of the partners of the solicitors handling the purchase conveyancing in Ashtead is is the father of the vendor. Is this allowed?

Provided no conflict arises this should be fine. If you are obtaining mortgage finance then the mortgage company may have a say as many lenders have specific requirements concerning this. For example for RBS (One Account) as of 17/12/2018, the requirements read as follows :

1.15- May your firm act if the person dealing with the transaction or a member of his immediate family is the borrower?

No, your firm may not act if the person dealing with the transaction or a member of his immediate family is the borrower. However, your firm may act if a separate fee earner or separate partner within the firm acts for us.

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Neighbouring Locations

Malden Rushett
Epsom
Epsom and Ewell
Ashtead

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