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Recently asked questions about conveyancing in Huntingdon

My partner and I are only a couple days away from an exchange on a property in Huntingdon and my parents have sent the ten percent deposit to my solicitor. I am now advised that as the deposit has been received from someone other than me my lawyer needs to disclose this to my mortgage company. Apparently, in also acting for the lender he must inform them that the balance of the purchase price is coming from anyone other than me. I informed the mortgage company about my parents' contribution when I applied for the mortgage, so is it really necessary for this now to hold matters up?

The solicitor is obliged to check with mortgage company to ensure that they know that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.

I own a freehold property in Huntingdon but nevertheless pay rent, why is this and what is this?

It is rare for properties in Huntingdon and has limited impact for conveyancing in Huntingdon 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 post 1977.

Old 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 dispensed with completely.

Should my conveyancer be raising questions about flooding during the conveyancing in Huntingdon.

Flooding is a growing risk for lawyers carrying out conveyancing in Huntingdon. There are those who acquire a house in Huntingdon, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.

Solicitors are not qualified to offer advice on flood risk, but there are a number of searches that may be initiated by the buyer or by their conveyancers which can give them a better appreciation of the risks in Huntingdon. The standard completed inquiry forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the vendor to determine whether the premises has ever been flooded. In the event that the residence has been flooded in past and is not disclosed by the seller, then a purchaser could bring a claim for damages stemming from an incorrect answer. A buyer’s conveyancers will also order an environmental search. This will indicate if there is any known flood risk. If so, more detailed investigations should be carried out.

How does conveyancing in Huntingdon differ for new build properties?

Most buyers of new build property in Huntingdon contact us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is constructed. This is because builders in Huntingdon tend to buy the site, 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 conveyancing solicitors 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 Huntingdon or who has acted in the same development.

I own a leasehold flat in Huntingdon. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Huntingdon who acted for me is not around. What should I do?

First make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Huntingdon conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Leasehold Conveyancing in Huntingdon - A selection of Queries Prior to buying

    The majority of Huntingdon leasehold flats will have a service bill for maintenance of the block invoiced by the landlord. Should you purchase the apartment you will have to meet this contribution, normally periodically throughout the year. This could vary from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent for you to pay annual, ordinarily this is not a significant figure, say about £25-£75 but you should to enquire it because occasionally it could be many hundreds of pounds. Its a good idea to find out as much as you can regarding the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the upkeep of the communal areas. Enquire of prospective neighbours if they are happy with their management. Finally, be sure you know the dates that you are obliged pay the maintenance charge to the appropriate party and specifically what it includes. What prohibitions are contained in the Huntingdon Lease?

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