I require conveyancing for an apartment in a fairly new development (6 years old) in East Sussex. The vast majority the flats have already been occupied. Do I need carry out the local searches for my conveyancing in East Sussex?
Conveyancing Searches are a critical link in the East Sussex conveyancing process. There are a large number of search providers delivering East Sussex conveyancing searches, as well straight from the local authority. These are generally termed personal search companies due to them carrying out, personal searches. Nevertheless, all Local Authority Search conveyancing products have one thing in common - they must obtain their information from the local authoritative source.
My flat in East Sussex is up for sale and I have a buyer. Does my solicitor have to be on the Nottingham conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Nottingham conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently in recent years.
I have today made my last payment due on my mortgage with RBS. I assume I don't need a East Sussex property lawyer on the RBS panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your RBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the RBS mortgage from the register. RBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where RBS has sent the Land Registry the discharge electronically, and
- RBS has instructed the Land Registry to do so
I am selling my flat. I had a double glazing fitted in April 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Co-operative are being a right pain. The East Sussex solicitor who is on the Co-operative conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
After what seems like an age I have had an offer on a maisonette in East Sussex agreed to, but there is a chain. The owners have offered on a property, however it’s not been accepted yet, and are looking at other apartments in the pipeline. I have selected a local conveyancing solicitor in East Sussex. What should be my next step? At what point do I apply for the mortgage with Bank of Ireland?
It is usual to have anxieties where there is a chain as you are unlikely to want to incur expenses prematurely (mortgage application is in the region of £1k, then valuation, East Sussex conveyancing search costs, etc). The first thing to do is check that your solicitor is on the Bank of Ireland conveyancing panel. Concerning the next phase this very much depends on the specifics of your transaction, attraction to this property and on the state of the market. In a buoyant market some home buyers will apply for a home loan with Bank of Ireland and pay for the valuation and only if it was satisfactory would they ask their conveyancer to proceed with the conveyancing in East Sussex.
I've recently found out that there is a flying freehold element on a property I put an offer in last month in what should have been a simple, no chain conveyancing. East Sussex is the location of the property. Is there any advice you can give?
Flying freeholds in East Sussex are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside East Sussex you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in East Sussex 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 premises.
Can you provide any top tips for leasehold conveyancing in East Sussex with the purpose of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in East Sussex can be bypassed where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers’ representatives. If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in East Sussex state that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord acquiescing to such changes. Where you dont have the paperwork in place you should not communicate with the landlord without checking with your solicitor in advance. The majority of landlords or managing agents in East Sussex charge for supplying management packs for a leasehold home. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in East Sussex. Some East Sussex leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The 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 service charge figures so that they can pass this information on to the purchasers or their lawyers. You believe that you know the number of years left on your lease but it would be advisable verify this by asking your solicitors. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 75 years. It is therefore important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
I inherited a 2 bed flat in East Sussex, conveyancing was carried out July 1999. Can you work out an approximate cost of a lease extension? Equivalent properties in East Sussex with an extended lease are worth £222,000. The ground rent is £50 yearly. The lease expires on 21st October 2089
With only 70 years unexpired the likely cost is going to be between £9,500 and £11,000 as well as costs.
The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.