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Recently asked questions about conveyancing in Elmers End

Finally the sale completed on my house in Elmers End last June yet the purchaser is texting every few hours complaining that their lawyer is waiting to hear from mine. What are the post completion sale legalities following completion?

Following your house sale your conveyancer is committed to forward the transfer deeds and all additional paperwork to the buyer’s solicitors. If applicable, your solicitor must also send confirmation that the mortgage has been redeemed to the purchasers solicitors. There are no post completion procedures unique to conveyancing in Elmers End.

I have todaydiscovered that Wolstenholmes have closed. They conducted my conveyancing in Elmers End for a purchase of a leasehold apartment 12 months ago. How can I check that the property is registered correctly in the name of the previous owner?

The easiest way to check if the premises is registered to you, you can make 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 Elmers End conveyancing specialists.

Yesterday I discovered that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a simple, no chain conveyancing. Elmers End is where the house is located. What do you suggest?

Flying freeholds in Elmers End are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Elmers End 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 Elmers End 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.

As co-executor for the will of my aunt I am disposing of a residence in Swansea but reside in Elmers End. My lawyer (who is 250 kilometers from merequires that I execute a stat dec ahead of completion. Could you suggest a conveyancing solicitor in Elmers End to attest this legal document for me?

Technically speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will be fine regardless of whether they are Elmers End based

Notwithstanding our best efforts, we have been unsuccessful in seeking a lease extension in Elmers End. Can this matter be resolved via the Leasehold Valuation Tribunal?

if there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the premium.

An example of a Lease Extension matter before the tribunal for a Elmers End flat is Flats 55, 67 & 70 Melbourne Court Anerley Road in July 2013. The tribunal calculated that the premium for the extended lease at £48,366.00 for at 55, and £88,329.00 for ats 67 and 70 combined. This case was in relation to 1 flat. The unexpired term as at the valuation date was 26.38 years.

When it comes to leasehold conveyancing in Elmers End what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Elmers End. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

    Maintenance charge proportions which don’t add up to the correct percentage Clauses dealing with recovering service charges for expenditure on the building or common parts.

You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Chelsea Building Society, and Alliance & Leicester all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to withdraw.

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Find out more about how flying freehold can affect your the value of a property.