Completed the sale of my flat in Kendal last November but the buyer keeps e-mailing me complaining that their solicitor needs to hear from myconveyancer. What are the post completion sale formalities following completion?
Post completion of your disposal your conveyancer is committed to send the transfer deeds and all supplemental paperwork to the buyer’s solicitors. If applicable, your conveyancer should also send confirmation that the legal charge in favour of the lender has been redeemed to the buyers conveyancers. There are no post completion tasks specific conveyancing in Kendal.
Do I need to pay for insurance to address the risk of chancel repairs when acquiring a property in Kendal?
Unless a previous acquisition of the premises took place post 12 October 2013 you could assume that lawyers handling conveyancing in Kendal to continue to propose a a chancel search and or chancel repair liability insurance.
Are there restrictive covenants that are commonly picked up during conveyancing in Kendal?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Kendal. 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…’
I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a simple, no chain conveyancing. Kendal is where the house is located. Is there any guidance you can impart?
Flying freeholds in Kendal are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Kendal you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kendal may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I am employed by a long established estate agency in Kendal where we have witnessed a few leasehold sales derailed due to short leases. I have been given inconsistent advice from local Kendal conveyancing firms. Could you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done 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 purchaser.
Kendal Leasehold Conveyancing - A selection of Queries Prior to buying
Be sure to enquire if the the lease contains any unreasonable restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in in a block in Kendal. If you like the flatin Kendal however your cat can’t move with you then you will be faced hard decision. Many Kendal leasehold flats will incur a service bill for the upkeep of the building invoiced by the freeholder. Should you purchase the property you will have to pay this charge, normally in instalments during the year. This may vary from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent to be met yearly, this is usually not a large figure, say about £50-£100 but you should to check it because sometimes it could be surprisingly expensive. On the whole the cost for major works tend not to be included within service charges, albeit that a few managing agents in Kendal ask tenants to pay into a reserve fund created for the specific intention of building a fund for major repairs or maintenance.