Our grandson is about to exchange on a house that has just been built in Derby with a home loan from Lloyds. His lawyer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Lloyds conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Lloyds conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
My partner and I are intent on selling our house in Derby and according to the buyers it appears that there is a risk of it being built on contaminated land. A high street Derby conveyancer would know this is not the case. It does beg the question why the purchasers used an online conveyancing firm rather than a conveyancing solicitor in Derby. Having lived in Derby for 4 years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm already. What do they say? You should 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)
I have recentlydiscovered that Stirling Law have closed. They conducted my conveyancing in Derby for a purchase of a leasehold apartment 9 months ago. How can I establish that the property is registered correctly in the name of the former proprietor?
The quickest way to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Derby conveyancing specialists.
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what should have been a simple, chain free conveyancing. Derby is where the house is located. Can you shed any light on this issue?
Flying freeholds in Derby are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Derby you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Derby 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 property.
I am looking at a couple of flats in Derby which have approximately 50 years unexpired on the leases. Do I need to be concerned?
A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the value of the lease decreases and results in it becoming more expensive to extend the lease. For this reason it is often a good idea to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders may be unwilling to lend money on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area.
I am the registered owner of a ground floor flat in Derby, conveyancing having been completed 7 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar properties in Derby with over 90 years remaining are worth £186,000. The average or mid-range amount of ground rent is £55 per annum. The lease ends on 21st October 2076
You have 53 years remaining on your lease we estimate the premium for your lease extension to range 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 are not able to advice on the actual costs without more detailed investigations. Do not use the figures in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information before getting professional advice.