Me and my partner are buying an apartment in Harborne. My lawyer is not on the bank approved list. Is it possible for me to retain my Harborne conveyancing solicitor even though they are not on the bank panel of approved conveyancing solicitors?
Your options include
- Proceed with your chosen Harborne lawyer but your lender will no doubt appoint a property lawyer from their conveyancing panel. The net result is additional cost together with potential interruption.
- Appoint a new lawyer to act in the purchase, ensuring that they are on the mortgage company conveyancing panel.
- Appeal to your solicitor to seek to join the bank panel
Are there restrictive covenants that are commonly picked up as part of conveyancing in Harborne?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Harborne. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am buying a new build apartment in Harborne. 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 conveyancing.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Harborne
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. 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. There must be mutual enforceability of lessee’s covenants. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
I work for a busy estate agent office in Harborne where we have witnessed a number of flat sales derailed as a result of leases having less than 80 years remaining. I have received conflicting advice from local Harborne conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Leasehold Conveyancing in Harborne - Sample of Queries Prior to Purchasing
Does the lease contain onerous restrictions? How much is the yearly maintenance fee and ground rent? This information is important as a) areas may cause problems in the building as the communal areas may start to deteriorate if services remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have all the details
I have been searching for Harborne competitive conveyancing fees. Can I be sure that all the Harborne practices that are identified on your directory are on the lender conveyancing panel?
The solicitor and licensed conveyancing practices on our directory have advised us that they are on the bank panel and agreed to advise us to take down their listing in the event of removal off of the bank panel. To date we have not been informed by either a bank or a member of the public that the data about a specific Harborne conveyancing solicitor being on the lender conveyancing panel is incorrect.