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Recently asked questions about conveyancing in Kimbolton

The owners have very brash sellers who has insisted on a preliminary agreement with a payment 6,000. Is it wise to enter into such agreements?

There are two primary downsides with entering into any lock out contract (sometimes termed a shut-out contract) is that it diverts attention away from progressing with the conveyancing process, so in the absence of it needing minimal or no negotiation then it may turn out to be a hindrance. It is not strongly advocated amongst Kimbolton conveyancing solicitors for this reason. A supplemental negative is the extent of the remedies available - an aggrieved purchaser is not likely to obtain an injunctive ruling by a court to bar the vendor selling to another buyer, so the only remedy available under the contract will be the reimbursement of wasted costs and, in restricted scenarios, the extra payment of damages.

It is is a decade since I purchased my property in Kimbolton. Conveyancing solicitors have now been retained on the sale but I am unable to find the deeds. Will this jeopardise the sale?

Don’t worry too much. First the deeds may be retained by your lender or they may be in the possession of the lawyers who handled your purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. Almost all conveyancing in Kimbolton relates to registered property but in the unlikely event that your property is unregistered it is more problematic but is not insurmountable.

About to purchase a new build apartment in Kimbolton. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Kimbolton

    Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a straight forward, chain free conveyancing. Kimbolton is where the house is located. What do you suggest?

Flying freeholds in Kimbolton are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Kimbolton you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kimbolton may determine 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 premises.

How does one remove a departed person's details from the title register for a property in Kimbolton?

Where a Kimbolton property is jointly owned and one of the proprietors dies, the name will not automatically be removed from the title deeds. You are not required to remove their name as in the event of a sale your conveyancer would just need to evidence as to the reason the other proprietor is missing from the conveyance, typically this takes the form of the probate documents.

With a view to making things more straight forward for the sale of the property you may apply to have the deceased party removed from the title register by applying to the land registry with evidence of the death. There is no land registry fee payable.

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Find out more about how flying freehold can affect your the value of a property.