Can you help? My Battersea solicitor is informing me me that he has toapply for Battersea conveyancing searches asthe firm are on the Nat Westapproved lawyer panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are taking a home loan with a lender your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Battersea conveyancing searches.
Are there restrictive covenants that are commonly identified during conveyancing in Battersea?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Battersea. 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 issue on a property I have offered on last month in what was supposed to be a simple, chain free conveyancing. Battersea is the location of the property. What do you suggest?
Flying freeholds in Battersea are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Battersea you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Battersea 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 premises.
We're new to the buying process - agreed a price, yet the property agent has warned us that the vendor will only move forward if we use the agent's chosen conveyancers as they need an ‘expedited deal’. We would rather use a family solicitor accustomed to conveyancing in Battersea
It is highly unlikely the vendors are behind this. Should the vendor want ‘a quick sale', alienating a serious purchaser is not the way to achieve this. Avoid the agents and go straight to the owners and make the point that (a)you are keen to buy (b)you are ready to go, with finances in place © you are chain free (d) you wish to move quickly (e)however you will continue to instruct your own,trusted Battersea conveyancing firm - not the ones that will give the estate agent a kickback or hit his conveyancing targets set by HQ.
I am a negotiator for a reputable estate agent office in Battersea where we have experienced a few flat sales put at risk as a result of short leases. I have received inconsistent advice from local Battersea conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can instigate the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer 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 prior to, or at the same time as completion of the disposal of the property.
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.
My wife and I have hit a brick wall in trying to purchase the freehold in Battersea. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We can put you in touch with a Battersea conveyancing firm who can help.
An example of a Lease Extension decision for a Battersea property is 150A Albert Palace Mansions Lurline Gardens in July 2013. The Tribunal determined that the premium payable for the new lease of the subject property was £42,069 This case was in relation to 1 flat. The unexpired term as at the valuation date was 57.06 years.