I have justbeen informed that Wolstenholmes have closed. They conducted my conveyancing in High Peak for a purchase of a leasehold apartment 12 months ago. How can I establish that the property is in my name in the name of the previous owner?
The easiest way to check if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of High Peak conveyancing specialists.
How does conveyancing in High Peak differ for new build properties?
Most buyers of new build property in High Peak contact us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is constructed. This is because developers in High Peak usually purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in High Peak or who has acted in the same development.
Due to the input of my in-laws I had a survey completed on a house in High Peak ahead of instructing solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor has said that some banks tend refuse to grant a mortgage on such a premises.
It depends who your proposed lender is. HSBC has different requirements from Nationwide. Should you wish to telephone us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in High Peak. Conveyancing will be smoother if you use a solicitor in High Peak especially if they regularly deal with such properties in High Peak.
We're novice buyers - agreed a price, but the agent has warned us that the vendor will only move forward if we instruct the agent's preferred conveyancers as they need a ‘quick sale’. We would rather use a high street conveyancer used to conveyancing in High Peak
It is improbable the sellers are driving this. If they desire ‘a quick sale', turning down a serious buyer is is going to put the whole deal at risk. Contact the sellers directly and make the point that (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you are chain free (d) you intend to proceed fast (e)however you are going to instruct your preferred High Peak conveyancing lawyers - as opposed tothe ones that will provide the negotiator at the agency a kickback or achieve conveyancing figures pre-set by HQ.
I am a negotiator for a busy estate agent office in High Peak where we have experienced a few leasehold sales put at risk due to short leases. I have received conflicting advice from local High Peak conveyancing firms. Could you clarify whether the owner of a flat can instigate 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 commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.
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.
High Peak Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing
What is the maintenance charge and ground rent on the flat? The prefered form of lease structure is a share of the freehold. In this arrangement the lessees enjoy control and although a managing agent is often retained if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Is the freehold owned jointly by the tenants?