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Recently asked questions about conveyancing in Hawkhurst

I have been advised by my conveyancer that absentee landlord insurance is needed on my purchase. What is the level of cover for Hawkhurst conveyancing?

The right level of absentee landlord indemnity insurance should be dictated by who who your lender is. It would differ for example between Nationwide Building Society and Bank of Scotland. Conveyancing solicitors as opposed to borrowers take out such insurances.

I'm the single recipient of my late grandmother’s estate with all property in now in my sole name, including the house in Hawkhurst. Conveyancing formalities meant that the Land Registry date was in June. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', meaning my property ownership could be regarded the same way as though I had purchased the house in June. Is the property unsalable for six months?

The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be impacted by that. Most mortgage companies would take a pragmatic view as this clause principally exists to capture subsales or the flipping of property.

About to purchase maisonette in Hawkhurst. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Lloyds conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.

They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Hawkhurst conveyancer is on the Lloyds conveyancing panel.

Will my solicitor be raising enquiries concerning flooding during the conveyancing in Hawkhurst.

The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Hawkhurst. There are those who acquire a property in Hawkhurst, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to give advice on flood risk, but there are a various searches that may be undertaken by the buyer or on a buyer’s behalf which will figure out the risks in Hawkhurst. The standard property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual question of the owner to find out whether the property has historically flooded. In the event that the residence has been flooded in past which is not disclosed by the owner, then a buyer could commence a legal claim for losses stemming from an incorrect answer. The purchaser’s solicitors may also commission an environmental search. This will higlight if there is any known flood risk. If so, further inquiries should be made.

In my capacity as executor for the will of my grandmother I am selling a residence in Neath but reside in Hawkhurst. My lawyer (who is 235 kilometers awayneeds me to execute a stat dec prior to completion. Can you recommend a conveyancing practitioner in Hawkhurst to witness this legal document for me?

Technically speaking you should not need to have the documents witnessed by a conveyancing solicitor. Normally any notary public or qualified solicitor will do regardless of whether they are Hawkhurst based

Do you have any advice for leasehold conveyancing in Hawkhurst from the point of view of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Hawkhurst can be reduced if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers’ lawyers.
  • If you hold a share in a the freehold, you should make sure that you have the original share certificate. Organising a replacement share certificate can be a lengthy formality and delays many a Hawkhurst conveyancing transaction. If a new share certificate is required, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity. If you have had any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a property where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or resolve 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 will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled. You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 80 years. In the circumstances it is essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

I invested in buying a split level flat in Hawkhurst, conveyancing formalities finalised 4 years ago. How much will my lease extension cost? Similar properties in Hawkhurst with over 90 years remaining are worth £176,000. The ground rent is £50 charged once a year. The lease terminates on 21st October 2099

With just 80 years unexpired the likely cost is going to span between £8,600 and £9,800 as well as costs.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.

Why do Hawkhurst conveyancing charges are more expensive for leasehold and freehold properties?

Inevitably there is more work involved for leasehold conveyancing. Hawkhurst has many leasehold properties. There is more paperwork involved in the purchase: for example, the lease and leasehold information (including current service charge, ground rent and buildings insurance details) obtained from the freeholder or managing agents. There are strict criteria that the lease must meet in order to be acceptable to a mortgage company. If it does not meet these requirements, the lease must be amended, which can involve additional expense for the seller.

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Neighbouring Locations

Paddock Wood
Hurst Green

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