It is is a decade since I purchased my property in Birch and Middleton. Conveyancing solicitors have now been retained on the sale but I am unable to track down the deeds. Is this a problem?
Don’t worry too much. Firstly the deeds may be with the lender or they may be archived with the lawyers who oversaw the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. Almost all conveyancing in Birch and Middleton relates to registered property but in the rare situation where your home is not registered it adds to the complexity but is not insurmountable.
I am the single beneficiary of my late grandmother’s estate and I have everything in my name alone, including the my former home in Birch and Middleton. Conveyancing formalities meant that the Land Registry date was in April. I now wish to sell up. I understand that there is a CML 6 month 'rule', which means that my proprietorship could be considered the same way as if I'd bought the property in April. Will no one buy the property for half a year?
The CML handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be impacted by that. Some lenders would take a pragmatic view as this provision primarily exists to identify subsales or the wholesaling and assigning of properties.
I am purchasing a property in Birch and Middleton. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Kent Reliance be concerned?
As you are obtaining a mortgage with Kent Reliance your lawyer must follow the conveyancing requirements outlined in Section 2 of UK Finance Lenders’ Handbook for Kent Reliance. The CML Handbook contains minimum provisions for solar panel roof-space leases, and lawyers are required to report to Kent Reliance where a lease fails to meet these requirements. The conditions relate to the installation of panels on properties in England and Wales and is not limited to Birch and Middleton.
I currently have a mortgage with Co-operative for my property in Birch and Middleton. Conveyancing has been completed months ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Co-operative?
You must advise Co-operative in advance of letting out your property as this is likely to be a breach of Co-operative’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Co-operative directly. You need not do this via a Co-operative conveyancing panel firm.
Various web forums that I have frequented warn that are the primary cause of stalling in Birch and Middleton conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances during the legal transfer of property. Local searches are unlikely to be the root cause of delay in conveyancing in Birch and Middleton.
I purchased a 4 bedroom Victorian house in Birch and Middleton. Conveyancing solicitor represented me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold under the exact same property. Is it worth asking Bank of Ireland to clarify?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Birch and Middleton and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with the conveyancing lawyer who conducted the purchase.
Just had an offer accepted on a new build apartment in Birch and Middleton. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Birch and Middleton
If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.