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Recently asked questions about conveyancing in Halstead

The Halstead conveyancing firm handling our Halstead conveyancing has identified a discrepancy between the assumptions in the home valuation report and what is in the title deeds. My solicitor informs me that he is obliged to check that the bank is OK with this discrepancy and is content to go ahead. Is my lawyer’s approach legitimate?

Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.

I am the registered owner of a freehold residence in Halstead yet pay rent, why is this and what is this?

It is rare for properties in Halstead and has limited impact for conveyancing in Halstead but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.

Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.

Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 will be dispensed with completely.

Just had an offer accepted on a new build flat in Halstead. Conveyancing is a frightening process 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 legal work.

Here is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Halstead

    Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, chain free conveyancing. Halstead is the location of the property. Can you offer any guidance?

Flying freeholds in Halstead are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Halstead you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Halstead may decide 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 residence.

Looking forward to sign contracts shortly on a garden flat in Halstead. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Halstead should include some of the following:

    Does the lease require carpeting throughout thus preventing wood flooring? The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? The total ownership of the property. This may be the property itself but could also include a roof area or basement if appropriate. Whether your lease caters for for a sinking fund for major works?
For a comprehensive list of information to be contained in your report on your leasehold property in Halstead please ask your solicitor in advance of your conveyancing in Halstead.

I own a split level flat in Halstead, conveyancing was carried out September 2010. Can you please calculate a probable premium for a statutory lease extension? Equivalent flats in Halstead with over 90 years remaining are worth £265,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease comes to an end on 21st October 2097

With only 76 years left to run we estimate the premium for your lease extension to range between £8,600 and £9,800 plus professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.

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