I plan on buying a leasehold flat in Badminton. My property lawyer is not listed on the mortgage company approved list. Can I still use my Badminton conveyancing solicitor notwithstanding that they are excluded from the bank panel?
You have a number of choices available to you here
- Proceed with your preferred Badminton property lawyer but your mortgage company will undoubtedly appoint a lawyer from their approved panel. The net result is additional cost together with probable frustration.
- Get a new conveyancing practitioner to conduct the conveyancing, ensuring that they are on the lender conveyancing panel.
- Convince your conveyancing practitioner to pull out all the stops to join the mortgage company panel of solicitors
Are there restrictive covenants that are commonly picked up during conveyancing in Badminton?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Badminton. 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…’
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a quick, no chain conveyancing. Badminton is the location of the property. Is there any advice you can give?
Flying freeholds in Badminton are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Badminton you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Badminton 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.
My father has urged me to appoint his lawyers for conveyancing in Badminton. Do I follow his advice?
There are no two ways about it the best way to find a conveyancing practitioner is to have guidance from friends or relatives who have experience in using the conveyancer that you are considering.
I work for a long established estate agency in Badminton where we see a number of flat sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local Badminton conveyancing solicitors. Please can you clarify whether the seller of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is 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.
Badminton Conveyancing for Leasehold Flats - A selection of Queries before buying
How much is the ground rent and service charge? Is there a share of the freehold? Where a Badminton lease has no more than eighty years it will affect the salability of the flat. Check with your lender that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will be be obliged to have owned the residence for two years in order to be entitled to carry out a lease extension.