It is is a decade since I bought my property in Cotham. Conveyancing solicitors have recently been appointed on the sale but I am unable to locate my deeds. Will this cause complications?
Don’t worry too much. First there is a chance that the deeds will be with your mortgage company or they may still be with the conveyancers who acted in the purchase. Secondly the likelihood is that the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors acquiring up to date copy of the land registers. Nearly all conveyancing in Cotham relates to registered property but in the rare situation where your property is not registered it is more tricky but is resolvable.
I have been told that property searches are the main reason for hinderance in Cotham house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of a review by MoveWithUs that conveyancing searches do not feature amongst the most frequent causes of delays during the legal transfer of property. Local searches are not likely to be the root cause of delay in conveyancing in Cotham.
The estate agent has sent us the confirmation of our purchase of a new build flat in Cotham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Cotham
The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
I am looking at a couple of apartments in Cotham both have about fifty years unexpired on the leases. Do I need to be concerned?
There are plenty of short leases in Cotham. The lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the saleability of the lease deteriorates and it becomes more expensive to acquire a lease extension. This is why it is advisable to extend the lease term. It is often difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this area.
Cotham Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
Best to be warned if fixing the lift or some other significant cost is coming up that will be shared between the leaseholders and will materially increase the the service costs or require a specific payment. The answer will be helpful as a) areas may cause problems in the block as the common areas may begin to deteriorate where repairs remain unpaid b) if the tenants have a dispute with the running of the building you will need to know about it Please note that where the lease has fewer than 80 years it will have adverse implications on the marketability of the flat. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will be required to have owned the property for a couple of years in order to be eligible to carry out a lease extension.
I have read on numerous online forums that before choosing a conveyancing lawyer they must be approved by your bank. I am novice purchaser but I have an AIP with Halifax and I already have a high street conveyancing solicitor in Cotham lined up. Can Halifax require an approved solicitor to be used? If so, where do I find that list for my conveyancing in Cotham?
You should use a solicitor that is on the Halifax panel. Just telephone your chosen Cotham conveyancing solicitor and ask if they are on the Halifax panel. If they are not on the panel you have a couple of choices available to you here:
- Carry on with your preferred Cotham solicitor but Halifax will undoubtedly use a conveyancing practitioner on their conveyancing panel. This will result in additional cost together with probable delay.
- Appoint a new conveyancer to act in the purchase, making sure they are on the Halifax conveyancing panel.
- Convince your property lawyer to apply to join the mortgage company panel.