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Ready to buy a new home in Kempston? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Kempston home move at risk of delay or failure.

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Recently asked questions about conveyancing in Kempston

It is 10 years ago since I bought my house in Kempston. Conveyancing lawyers have just been retained on the sale but I am unable to find my deeds. Is this a problem?

You need not be too concerned. Firstly there is a possibility that the deeds will be with your lender or they could be in the possession of the solicitor who oversaw your purchase. Secondly in all probability the property will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers obtaining up to date copy of the land registers. Most conveyancing in Kempston involves registered property but in the unlikely event that your home is unregistered it is more problematic but is not insurmountable.

Are there restrictive covenants that are commonly picked up during conveyancing in Kempston?

Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Kempston. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

About to purchase a new build flat in Kempston. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Kempston

    The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Forfeiture - bankruptcy or liquidation must not apply under this provision. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.

My husband and I are FTB’s - agreed a price, yet the property agent informed us that the vendor will only proceed if we use their chosen solicitors as they need an ‘expedited deal’. My instinct tells me that we should use a local conveyancer accustomed to conveyancing in Kempston

We suspect that the seller is not behind this demand. Should the owner want ‘a quick sale', turning down a motivated buyer is is going to put the whole deal at risk. Avoid the agents and go straight to the owners and make sure they understand (a)you are keen to buy (b)you are ready to go, with finances in place © you are chain free (d) you wish to move quickly (e)but you are going to use your own,trusted Kempston conveyancing firm - rather thanthose that will provide their estate agent a kickback or achieve conveyancing targets demanded by head office.

I have just become aware that one of the directors of the law firm undertaking the purchase conveyancing in Kempston is related to the owners that we are buying from. Is this allowed?

As long as no conflict arises this should be fine. Where you are needing mortgage finance then the mortgage company may have a say as many banks have specific requirements on this. For example for Skipton Building Society as of 7/1/2021, the requirements read as follows :

1.15- May your firm act if the person dealing with the transaction or a member of his immediate family is the borrower?

Yes, provided the stipulations in 1.15 are strictly complied with.

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