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Recently asked questions about conveyancing in Maldon

I am assisting my sister sell her property in Maldon. Will the solicitor order the EPC or do I organise this?

After the demise of Home Packs, energy performance certificates was retained a compulsory component of selling a house. An energy performance certificate must be to hand before the property is advertised. It is not something that conveyancers ordinarily arrange. If you are instructing a Maldon conveyancing lawyer they may help arrange energy assessments given their contacts with long established local providers

Forgive me if this question is silly but I am new to the house moving as FTB of a ground floor flat in Maldon. Do I pick up the keys to the property on completion from my lawyer? If so, I will instruct a High Street conveyancing solicitor in Maldon?

There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will arrange to send the purchase money to the owner’s lawyers, and shortly after the monies have arrived, you will be called to receive the keys from the property Agents and move into your new home. Usually this happens early afternoon.

I am the sole recipient of my late grandmother’s will and I have everything in my name alone, including the house in Maldon. Conveyancing formalities meant that the Land Registry date was in January. I want to move. I do know about the Mortgage Lenders six month 'rule', meaning my proprietorship will be treated the same way as though I had purchased the property in January. Is the property unsalable for six months?

The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be impacted by that. How practical a view lenders take of it, depend on the lender as this requirement is principally there to identify subsales or the wholesaling and assigning of properties.

Various web forums that I have visited warn that are the number one cause of hinderance in Maldon conveyancing transactions. Is this right?

The Council of Property Search Organisations (CoPSO) has noted the findings of a review by MoveWithUs that conveyancing searches do not feature amongst the most frequent causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any delay in conveyancing in Maldon.

My wife and I have a 4 bedroom Victorian house in Maldon. Conveyancing lawyer acted for me and Norwich and Peterborough Building Society. I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold under the exact same property. Is it worth asking Norwich and Peterborough Building Society to clarify?

You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Maldon and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with your conveyancing practitioner who conducted the conveyancing.

How does conveyancing in Maldon differ for new build properties?

Most buyers of new build property in Maldon approach us having been asked by the builder to sign contracts and commit to the purchase even before the property is finished. This is because new home sellers in Maldon typically purchase 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 accustomed to new build conveyancing in Maldon or who has acted in the same development.

I have recently realised that I have Fifty years unexpired on my lease in Maldon. I am keen to extend my lease but my freeholder is can not be found. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to track down the freeholder. For most situations an enquiry agent may be useful to carry out a search and prepare an expert document to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Maldon.

Leasehold Conveyancing in Maldon - Examples of Questions you should consider Prior to Purchasing

    Please note if it is fewer than eighty years it will affect the value of the property. Check with your mortgage company that they are willing to to proceed given the lease term. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and it is worth finding out how much this would cost. Remember, in most cases you will need to own the residence for a couple of years in order to be legally able to extend the lease. How is the lease structured? What is the yearly maintenance fee and ground rent?

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