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Recently asked questions about conveyancing in Ashton

In the event thatI were to purchase a simple residential homein Ashton mortgage fee and have no survey and no conveyancing searches how much could I expect to to save on my conveyancing in Ashton?

The only saving you would make on is the disbursement for searches. The conveyancing practitioner still got to do everything else - money laundering, correspond with your sellers property lawyer, stamp duty return, register the ownership etc. A marginal saving might be made by not needing to register a mortgage but it won't be a lot.

I own a freehold house in Ashton but nevertheless invoiced for rent, why is this and what is this?

It is rare for properties in Ashton and has limited impact for conveyancing in Ashton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.

Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.

My Solicitor in Ashton is not on the The Mortgage Works Solicitor Panel. Is it possible for me to use my prefered solicitor even though they are excluded from the The Mortgage Works panel?

Your options are as follows:

  1. Carry on with your preferred Ashton lawyers but The Mortgage Works will need to retain a solicitor on their list of acceptable firms. This will result in additional total conveyancing charges and cause frustration.
  2. Choose an alternative solicitor to act in the conveyancing, obviously checking they are Persuade your solicitor to use their best endeavours to join the The Mortgage Works conveyancing panel

Should my conveyancer be raising questions concerning flooding as part of the conveyancing in Ashton.

The risk of flooding is if increasing concern for conveyancers carrying out conveyancing in Ashton. There are those who acquire a house in Ashton, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Solicitors are not best placed to impart advice on flood risk, but there are a number of checks that can be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Ashton. The standard property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to find out if the property has suffered from flooding. If flooding has previously occurred and is not disclosed by the vendor, then a buyer may issue a claim for damages as a result of such an misleading answer. The buyer’s lawyers should also commission an environmental search. This should disclose whether there is a recorded flood risk. If so, further investigations should be made.

I work for a busy estate agent office in Ashton where we see a number of leasehold sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local Ashton conveyancing solicitors. Can you confirm whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Ashton Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

    For many Ashton leaseholds the outlay for major works are not wrapped into the maintenance charges, although some managing agents in Ashton obliged tenants to pay into a reserve fund and this is used to offset against larger works. Make sure you investigate if the the lease includes any onerous restrictions in the lease. By way of example it is reasonably common in Ashton leases that pets are not allowed in in a block in Ashton. If you like the flatin Ashton but your cat can’t live with you then you will be faced hard compromise.

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