Are there restrictive covenants that are commonly identified during conveyancing in Christchurch?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Christchurch. 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 house I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Christchurch is the location of the property. What do you suggest?
Flying freeholds in Christchurch are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Christchurch you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Christchurch 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 premises.
How does the Landlord & Tenant Act 1954 affect my commercial property in Christchurch and how can your lawyers assist?
The particular law that you refer to gives security of tenure to business leaseholders, giving them the legal entitlement to apply to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Christchurch is one of the hundreds of areas of the UK in which our lawyers are based
I am using a search engine for the phrase cheap conveyancing in Christchurch it reveals many property lawyersin the area. With so much choice what is the best way to find the right conveyancer for my move?
The ideal method of seeking the right conveyancer is via personal testimonial, so ask colleagues and family who have acquired a property in Christchurch or a respected estate agent or financial adviser. Charges for conveyancing in Christchurch vary, so it's sensible to obtain at least three estimates from different solicitors. Dont forget to clarify that the costs are guaranteed not to rise.
Our conveyancer in Christchurch has uncovered a a problem with the lease for the property we are purchasing in Christchurch. The other side have suggested title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor says that as he is on the lender conveyancing panel he must check that the lender is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the lender approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.