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Ready to buy a new home in Cumbria? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Cumbria home move at risk of delay or failure.

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Recently asked questions about conveyancing in Cumbria

Finally the sale completed on my house in Cumbria last July yet the purchaser is calling daily to moan that her solicitor needs to hear from myconveyancer. What are the post completion sale formalities following completion?

After completion of your disposal your solicitor is committed to send the transfer deeds and all additional paperwork to the buyer’s lawyers. Depending on the transaction, your conveyancer must also confirm that the legal charge in favour of the lender has been paid off to the purchasers solicitors. There is unlikely to be post completion steps just for conveyancing in Cumbria.

My grandfather passed away last year and as sole heir and executor I was left the property in Cumbria. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Coventry BS, pay off the mortgage. Is this possible?

Given you plan to refinance then Coventry BS will require that you use a conveyancer on the Coventry BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Coventry BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Coventry BS mortgage is registered as a charge at the Land Registry.

Should my solicitor be asking questions regarding flooding as part of the conveyancing in Cumbria.

Flooding is a growing risk for solicitors dealing with homes in Cumbria. There are those who acquire a house in Cumbria, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the buyer.

Lawyers are not qualified to give advice on flood risk, but there are a various checks that may be carried out by the purchaser or by their lawyers which can give them a better appreciation of the risks in Cumbria. The conventional set of property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the owner to determine whether the property has suffered from flooding. If flooding has previously occurred and is not notified by the owner, then a purchaser may bring a compensation claim as a result of such an inaccurate reply. The buyer’s solicitors will also commission an environmental report. This will disclose if there is a recorded flood risk. If so, additional investigations should be made.

I am looking to sell my house. My former lawyers has retired. I would be grateful for any recommendation of a conveyancing firm. I happen to live in Cumbria if that makes a difference.

Please use our search tool to help you find a solicitor for your conveyancing in Cumbria. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move runs smoothly.

Do you have any top tips for leasehold conveyancing in Cumbria from the point of view of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Cumbria can be reduced where you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information which will be required by the purchasers’ conveyancers.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Cumbria state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Should you fail to have the approvals in place you should not communicate with the landlord without checking with your conveyancer before hand. A minority of Cumbria leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers. You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your conveyancers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. It is therefore essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be nervous about purchasing a property where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unresolved.

I purchased a basement flat in Cumbria, conveyancing was carried out April 1995. How much will my lease extension cost? Equivalent flats in Cumbria with over 90 years remaining are worth £211,000. The ground rent is £50 yearly. The lease comes to an end on 21st October 2088

You have 68 years unexpired we estimate the premium for your lease extension to be between £9,500 and £11,000 as well as professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.

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