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Recently asked questions about conveyancing in Emersons Green

I am in the market for a reasonably priced property lawyer. Should I go for for an internet conveyancer as opposed to a local Emersons Green conveyancing lawyer?

Established third party relationships are another important factor to consider when appointing conveyancing lawyers. Emersons Green conveyancers benefit from long term relationships with lenders and property, local authorities, surveyors and other law firms meaning the whole process is going to be much more straightforward for you. Hosting a well rounded knowledge of the local area is also a plus .

As someone with no idea as to the Emersons Green conveyancing process what’s your top tip you can impart concerning the legal transfer of property in Emersons Green

Not many law firms shout this from the rooftops but conveyancing in Emersons Green and elsewhere in Gloucestershire is often a confrontational process. Put another way, when it comes to conveyancing there is lots of room for conflict between you and other parties involved in the ownership transfer. For example, the vendor, property agent and on occasion your mortgage company. Choosing a law firm for your conveyancing in Emersons Green an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose role it is to protect your best interests and to keep you safe.

There is a definite ongoing adversarial element to conveyancing- someone has to be at fault for the process taking so long. You must always trust your lawyer above all other players when it comes to the legal transfer of property.

Due to the guidance of my in-laws I had a survey completed on a house in Emersons Green before retaining lawyers. I have been told that there is a flying freehold element to the house. The surveyor has said that some lenders will not grant a mortgage on such a premises.

It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. If you contact us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Emersons Green. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Emersons Green to see if the conveyancing costs will increase in light of this.

Do you have any top tips for leasehold conveyancing in Emersons Green with the intention of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Emersons Green can be avoided where you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers’ conveyancers.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Emersons Green leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord approving such works. Should you dont have the consents in place do not contact the landlord without contacting your lawyer before hand. If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Organising a re-issued share certificate is often a lengthy formality and delays many a Emersons Green home move. If a duplicate share certificate is needed, do contact the company officers or managing agents (where applicable) for this as soon as possible. Many landlords or managing agents in Emersons Green charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Emersons Green. If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unsettled.

Emersons Green Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

    In the main the cost for major works are not built into the service charges, albeit that there some managing agents in Emersons Green obliged tenants to pay into a sinking fund created for the specific intention of building a fund for major works. It is important to be aware whether window replacement or some other major work is pending that will be shared by the leasehold owners and will dramatically increase the the maintenance fees or necessitate a one off invoice. Does the lease have more than 90 years unexpired?

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Emersons Green. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

The majority of houses in Emersons Green are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Emersons Green in which case you should be looking for a Emersons Green conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer will report to you on the legal implications.

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