I can't travel far from Edgbaston. What is the rationale as to why all Edgbaston conveyancers are not on all lender panels?
As inequitable as it may seem for banks to limit who can represent them, from the public’s or conveyancer’s perspective, the other side of the coin is that mortgage companies are becoming ever more anxious and feel it imperative to defend themselves against mortgage fraud. As a consequence of this concern lenders are limiting their panel of approved conveyancing lawyers to a manageable size.
I require conveyancing for a flat in a fairly new development (five years built) in Edgbaston. The vast majority the appartments are already occupied. Do I need carry out the local searches as part of conveyancing in Edgbaston?
A big part of the Edgbaston legal transfer of property is the conveyancing searches. There are numerous companies delivering Edgbaston conveyancing searches, as well straight from the local authority. These are usually referred to as personal search companies and they produce, not surprisingly, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must obtain their data from the local authority.
Can you explain why leasehold purchase conveyancing in Edgbaston costs more?
Edgbaston leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
What makes a Edgbaston lease defective?
Leasehold conveyancing in Edgbaston is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:
Insurance obligations Repairing obligations to or maintain elements of the premises
You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Coventry Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.
Leasehold Conveyancing in Edgbaston - A selection of Questions you should ask Prior to Purchasing
Best to be warned whether fixing the lift or some other significant cost is pending to be shared amongst the leaseholders and will materially increase the the service costs or require a specific invoice. This question is useful as a) areas can result in problems in the block as the common areas may start to deteriorate where services are not paid for b) if the leaseholders have a dispute with the running of the building you will want to have all the details Is there a share of the freehold?
I bought a property in Edgbaston last 15/7/2019 and to date it is still not registered with the Land Registry. It was part of a new estate and my lawyer told me that it can take twelve months to register. I have spoken with the Land Registry directly and they have informed me the original application was cancelled due to questions not being addressed in time. What can I do?
It is your solicitor that you should get in touch with in order to satisfy any issues which have been raised as part of the registration process for your Edgbaston property. Normal Edgbaston conveyancing practice includes an undertaking on the part of the seller's lawyer that they will help resolve any requirements raised by HMLR so it may be a case of seeking to enforce that undertaking in some way.