I am purchasing a newly constructed duplex in Highcliffe and my conveyancer is telling me that she has to the lender to reveal incentives from the developer. I am under pressure to exchange and I would rather not delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I am the registered owner of a freehold property in Highcliffe but nevertheless pay rent, why is this and what is this?
It is rare for properties in Highcliffe and has limited impact for conveyancing in Highcliffe 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 date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
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 extinguished.
What is your number one tip for choosing a conveyancing solicitor in Highcliffe
It would be unwise to be seduced by the cheapest Highcliffe conveyancing costs illustration. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.
My wife and I are in the throws of looking at houses in Highcliffe and I am now considering a potential offer. Is it premature to have a solicitor in place? I am planning to take a mortgage with UBS.
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the EA. Given that you are obtaining a mortgage with UBS, ask your prospective lawyers if they are on the UBS conveyancing panel otherwise they can't do the mortgage legal work.
I have paid off my mortgage with Co-operative. I assume I don't need a Highcliffe property lawyer on the Co-operative panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
I am selling my house. My past lawyers has retired. It would be helpful to have a recommendation of a conveyancing firm. Im based in Highcliffe if that makes things easier.
You should use our search tool to help you find a solicitor for your conveyancing in Highcliffe. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move goes smoothly.
I am a negotiator for a long established estate agent office in Highcliffe where we have witnessed a few flat sales jeopardised due to leases having less than 80 years remaining. I have received contradictory information from local Highcliffe conveyancing solicitors. Please can you confirm whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease 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. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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 buyer.
Highcliffe Conveyancing for Leasehold Flats - A selection of Queries before buying
Are any of leasehold owners in arrears of their service charge liability? Is the freehold owned jointly by the leaseholders? It would be wise to enquire if the the lease includes any unreasonable restrictions in the lease. For instance it is reasonably common in Highcliffe leases that pets are not permitted in in a block in Highcliffe. If you like the apartmentin Highcliffe but your dog is not allowed to live with you then you will be presented with a hard decision.