Our Cleator conveyancer has spotted a difference between the assumptions in the valuation survey and what is revealed within the legal papers for the property. My lawyer informs me that he is obliged to check that the lender is OK with this discrepancy and is content to go ahead. Is my solicitor’s course or action right?
Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
My partner and I are downsizing from our property in Cleator and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local conveyancer would know this is not the case. It does beg the question why the purchasers instructed a factory type conveyancing outfit as opposed to a conveyancing solicitor in Cleator. We have lived in Cleator for three years we know that this is a non issue. Do we contact our local Authority to get confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Have purchased a a detached house in Cleator , how long should it take for the Land Registry to register the transfer to my name? My Cleator conveyancing solicitor works at snail pace, so I want to be certain that my ownership is recorded.
As far as conveyancing in Cleator registration is no faster or slower than the rest of the country. As opposed to being determined by geographic area, timescales can vary subject to the party submitting the application, whether there are errors and whether the Land registry must send notices to any third parties. At present roughly 80% of such applications are fully addressed within 12 days but some can be subject to extensive delays. Registration is effected after the buyer is living at the property therefore 'speed' is not always an essential issue yet if there is a degree of urgency associated with the registration then you or your lawyers can speak with the land registry and explain the circumstances.
I opted to have a survey completed on a house in Cleator before instructing lawyers. I have been advised that there is a flying freehold element to the house. My surveyor has said that some lenders will refuse to issue a mortgage on a flying freehold house.
It depends who your proposed lender is. Santander has different instructions for example to Nationwide. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Cleator. Conveyancing will be smoother if you use a solicitor in Cleator especially if they regularly deal with such properties in Cleator.
I work for a reputable estate agent office in Cleator where we have experienced a number of leasehold sales put at risk as a result of short leases. I have received conflicting advice from local Cleator conveyancing solicitors. Please can you clarify whether the vendor of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease 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 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 disposal of the property.
An alternative approach is 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.
I inherited a leasehold flat in Cleator, conveyancing formalities finalised in 2002. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Cleator with over 90 years remaining are worth £186,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease ceases on 21st October 2072
With only 53 years left to run we estimate the premium for your lease extension to be between £27,600 and £31,800 as well as professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.