It is is a decade since I bought my house in Bow Street. Conveyancing solicitors have just been retained on the sale but I am unable to track down my title deeds. Is this a problem?
You need not be too concerned. First the deeds may be kept by your lender or they could be in the possession of the conveyancers who acted in the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in Bow Street involves registered property but in the rare situation where your home is unregistered it adds to the complexity but is resolvable.
I bought my home on 14 November and my personal details is not yet registered. Should I be concerned? My conveyancing solicitor in Bow Street advises it should be dealt with in a couple of weeks. Are properties in Bow Street uniquely lengthy to register?
There is nothing unique about conveyancing in Bow Street registration formalities. As opposed to being determined by geographic area, timeframes can adjust according to the party submitting the application, whether there are errors and whether the Land registry communicate with any 3rd persons or bodies. Currently in the region of 80% of submission are fully dealt with within two weeks but some can be subject to longer hold-ups. Registration is effected after the new owner is living at the premises so post completion formalities is not typically top priority but if it is urgent that the the registration takes place urgently then you or your solicitor should communicate with the Registry to express the reasoning for an expedited registration.
Due to the advice of my in-laws I had a survey completed on a house in Bow Street in advance of instructing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some banks may not issue a mortgage on this type of premises.
It depends who your proposed lender is. HSBC has different requirements from Nationwide. If you contact us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Bow Street. Conveyancing may be slightly more expensive based on your lender's requirements.
Back In 2008, I bought a leasehold flat in Bow Street. Conveyancing and mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Bow Street who acted for me is not around. Do I pay?
First contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Bow Street conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Bow Street Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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What is the name of the managing agents?
Are any of leasehold owners in dispute over their service charge payments?
Is there a share of the freehold?
Our lawyer in Bow Street has discovered a a problem with the lease for the property we are buying in Bow Street. The other side have put forward title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer has advised that as he is on the lender conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the bank?
Just because you have a mortgage offer from the bank does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Bow Street conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the bank are the client. These conveyancing instructions must be adhered to by the lender conveyancing panel who has to balance acting for you and the lender