Our conveyancer has uncovered a a problem with the lease for the property we are buying in Mablethorpe. The other side have put forward defective title insurance as a workaround. We are content with insurance and will cover the costs. Our property lawyer has advised that he must ensure that the lender is content with this solution. Who is the client here, us or the bank?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. The appropriate lender specifications have to be complied with.
Do I need to take out insurance to cover chancel repairs when acquiring a house in Mablethorpe?
Unless a prior purchase of the property completed post 12 October 2013 you can expect solicitors conducting conveyancing in Mablethorpe to continue to suggest a chancel search and or chancel repair liability insurance.
How does conveyancing in Mablethorpe differ for new build properties?
Most buyers of new build residence in Mablethorpe contact us having been asked by the builder to sign contracts and commit to the purchase even before the premises is ready to move into. This is because developers in Mablethorpe typically buy the land, 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 property lawyers 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 used to new build conveyancing in Mablethorpe or who has acted in the same development.
Harry (my fiance) and I may need to sub-let our Mablethorpe 1st floor flat temporarily due to taking a sabbatical. We used a Mablethorpe conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?
The lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Mablethorpe do not prevent strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Leasehold Conveyancing in Mablethorpe - Sample of Questions you should consider before buying
-
Many Mablethorpe leasehold flats will incur a service charge for maintenance of the block levied by the landlord. If you acquire the apartment you will have to pay this liability, normally periodically throughout the year. This can differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a rentcharge to be met annual, normally this is not a large sum, say around £50-£100 but you need to enquire as sometimes it could be many hundreds of pounds. Does the lease have onerous restrictions?
We are in the process of acquiring a flat in Mablethorpe. Conveyancing is not yet done but we wish to have the amount we are are buying for confidential from the likes of Rightmove. How can this be achieved ?
HM Land Registry by statute are obliged to reveal price sold information on the official title for domestic properties nationwide which includes premises in Mablethorpe. The register of title is a public document, so the Land Registry would be breaching their statutory duty if they failed to allow access to the register.
In essence you can make a request of HM Land Registry to withhold the price paid entry yet the answer would be in the negative.