It has come to my attention via my mortgage adviser that my Holmfirth property lawyer is not on the lender Solicitor panel. What can I do to be certain if this is indeed the case?
The sensible course of action for you to take is to call your Holmfirth lawyer directly. It is reasonable to expect your lawyer to notify you what has happened. If they are not on the panel they may be able to suggest a Holmfirth conveyancing practice that is on the conveyancing panel for your bank.
It is a dozen years since I bought my home in Holmfirth. Conveyancing solicitors have now been instructed on the sale but I can't find the deeds. Is this a major issue?
Don’t worry too much. First there is a possibility that the deeds will be with your lender or they may be in the possession of the solicitor who oversaw the purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors procuring up to date copy of the land registers. Most conveyancing in Holmfirth involves registered property but in the rare situation where your property is unregistered it is more problematic but is not insurmountable.
My wife and I own a renovated Victorian property in Holmfirth. Conveyancing solicitor acted for me and Britannia. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold with the exact same address. Is it worth asking Britannia to clarify?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Holmfirth and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing practitioner who conducted the purchase.
Last October I purchased a leasehold flat in Holmfirth. Do I have any liability for service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Holmfirth Leasehold Conveyancing - Sample of Questions you should ask before buying
For many Holmfirth leaseholds the outlay for major works are not included within service charges, albeit that there some managing agents in Holmfirth ask leasehold owners to pay into a reserve fund created for the specific intention of building a fund for major works. How long is the Lease? What prohibitions are contained in the Holmfirth Lease?
I am an executor of my recently deceased parent's Will, with a property in Holmfirth which is to be marketed. The property has never been registered at the Land Registry and I'm told that some purchasers will insist that it is in place before they will proceed. What's the mechanism for this?
In the situation that you have set out it seems sensible to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.