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Recently asked questions about conveyancing in Garston

It is 10 years ago since I bought my property in Garston. Conveyancing solicitors have now been retained on the sale but I am unable to locate my deeds. Is this a major issue?

Don’t worry too much. Firstly the deeds may be with your lender or they could stored with the solicitor who handled the purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Garston involves registered property but in the rare situation where your home is not registered it adds to the complexity but is resolvable.

Will commercial conveyancing searches reveal planned roadworks that may impact a commercial site in Garston?

Its becoming the norm that commercial conveyancing solicitors in Garston will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in investigating accurate data on highways that impact buildings and development assets in Garston. The report provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Garston.

For each commercial conveyancing transaction in Garston it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can result in delays to Garston commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not ordered for residential conveyancing in Garston.

I am buying a new build flat in Garston. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Set out below are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Garston

    Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision.

I have been on the look out for a ground for flat up to £305k and identified one near me in Garston I like with amenity areas and station in the vicinity, the downside is that it's only got 51 years unexpired on the lease. There is not much else in Garston in this price bracket, so just wondered if I would be making a grave error buying a lease with such few years left?

If you require a home loan the remaining unexpired lease term will likely be a potential deal breaker. Discount the price by the expected lease extension will cost if it has not already been discounted. If the current owner has owned the premises for a minimum of 2 years you can request that they start the process of the extension and pass it to you. An additional ninety years can be extended on to the current lease term with a zero ground rent applied. You should consult your conveyancing lawyer about this matter.

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Garston. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

The majority of houses in Garston are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area who can help the conveyancing process. it is apparent that you are buying in Garston so you should seriously consider looking for a Garston conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will report to you on the legal implications.

I purchased a 1st floor flat in Garston, conveyancing was carried out 7 years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Garston with a long lease are worth £265,000. The average or mid-range amount of ground rent is £50 per annum. The lease finishes on 21st October 2094

With just 75 years left to run the likely cost is going to range between £8,600 and £9,800 plus legals.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information before seeking the advice of a professional.

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