I am mortgaging my flat in Braunton, does my lawyer need to be on the Skipton Solicitor panel?
In theory, you could use a solicitor that is not on the Skipton conveyancing panel, but Skipton would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
I acquired my house on 2 October and my personal details is yet to be registered. Should I be concerned? My conveyancing solicitor in Braunton expressed confidence that it should be registered in less than a month. Are titles in Braunton uniquely lengthy to register?
As far as conveyancing in Braunton is concerned, registration is no quicker or slower than anywhere else in England and Wales. As opposed to being determined by geographic area, timescales can adjust according to who lodges the application, whether there are errors and if the Land registry communicate with any 3rd parties. As of today roughly three quarters of such applications are fully addressed within two weeks but occasionally there can be longer delays. Registration takes place once the new owner has moved in to the premises therefore 'speed' is not always top priority yet if it is urgent that the the registration takes place urgently then you or your lawyers could speak with the land registry and explain the circumstances.
I decided to have a survey carried out on a property in Braunton before retaining solicitors. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some banks will refuse to give a loan on a flying freehold property.
It varies from the lender to lender. Santander has different requirements from Nationwide. Should you wish to call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Braunton. Conveyancing may be slightly more expensive based on your lender's requirements.
My brother has recommend that I use his conveyancers in Braunton. Should I choose my own property lawyer?
There are no two ways about it the best way to choose a conveyancing practitioner is to have guidance from friends or family who have experience in using the conveyancer that you are considering.
I work for a reputable estate agent office in Braunton where we have experienced 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 Braunton conveyancing solicitors. Please can you clarify whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?
As long as 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. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.
Leasehold Conveyancing in Braunton - A selection of Queries before Purchasing
Does this lease have more than 82 years unexpired? What prohibitions are contained in the Braunton Lease? How much is the service charge and ground rent on the flat?