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Recently asked questions about conveyancing in Coleford

Are there restrictive covenants that are commonly picked up during conveyancing in Coleford?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Coleford. 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…’

How does conveyancing in Coleford differ for newly converted properties?

Most buyers of new build property in Coleford contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is constructed. This is because developers in Coleford tend to purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Coleford or who has acted in the same development.

Due to the input of my in-laws I had a survey completed on a property in Coleford ahead of retaining solicitors. I have been advised that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies tend refuse to issue a loan on such a premises.

It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. 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 accustomed to dealing with flying freeholds in Coleford. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Coleford to see if the conveyancing will be more expensive.

My husband and I are first time buyers - had an offer accepted, but the agent told us that the seller will only move forward if we use the agent's preferred lawyers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Coleford

It is improbable the vendors are driving this. If they desire ‘a quick sale', taking such a hostile approach to a genuine buyer is not the way to achieve this. Contact the owners directly and explain that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you do not need to sell (d) you wish to move quickly (e)but you intend to instruct your preferred Coleford conveyancing firm - as opposed tothose that will give their negotiator at the agency a referral fee or meet his conveyancing targets set by head office.

How does one as executor remove a deceased person's details from the title register for a house in Coleford?

Where a Coleford property is co-owned and one of the proprietors passes away, their name will not automatically be removed from the Land Registry title. It is not necessary to amend the title as when it comes to a disposal you would simply be required to supply proof as to the reason the joint owner is missing from the contract, typically this is in the form of a grant of probate.

With a view to making the sale conveyancing simpler for the sale of the property you can arrange to have the deceased person erased from the title by applying to the land registry with evidence of the death. There is no fee from the Registry for this service.

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Find out more about how flying freehold can affect your the value of a property.