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Recently asked questions about conveyancing in Mountain Ash

It is a dozen years since I purchased my home in Mountain Ash. Conveyancing lawyers have now been appointed on the sale but I am unable to find the title deeds. Is this a major issue?

Don’t worry too much. Firstly the deeds may be kept by your lender or they could be in the possession of the lawyers who handled the purchase. Secondly in most cases the land will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. Almost all conveyancing in Mountain Ash involves registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.

I am about to put a bid on a leasehold flat in Mountain Ash. The property agents tell me that it is normal for flats in Mountain Ash to have less than 75 years remaining. I am taking out a mortgage with Platform. Is this going to be a problem if the lease has Seventy One years left.

Most leasehold conveyancing experts should be able to deal with a lease extension. if you are getting a mortgage then your lender may insist that the lease be extended before competition. Platform have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 21/4/2019 the requirements read as follows :

70 years unexpired at application, 30 years at the end of the mortgage term, except where the mortgage application is pursuant to Platform's participation in the Government's Help to Buy Shared Equity scheme, in which case (a) the unexpired lease term must not be less than 250 years for new-build houses and not less than 125 years for new-build flats and (b) ground rent must be reasonable at all times and any escalation must be linked to RPI (Retail Price Index) or a similar index.

How does conveyancing in Mountain Ash differ for new build properties?

Most buyers of new build or newly converted property in Mountain Ash come to us having been asked by the developer to exchange contracts and commit to the purchase even before the property is constructed. This is because builders in Mountain Ash tend to 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 conveyancing solicitors 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 Mountain Ash or who has acted in the same development.

Due to the advice of my in-laws I had a survey completed on a house in Mountain Ash prior to appointing lawyers. I have been informed that there is a flying freehold aspect to the property. The surveyor advised that some banks tend refuse to give a mortgage on a flying freehold property.

It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. Should you wish to call us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Mountain Ash. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Mountain Ash to see if the conveyancing will be more expensive.

In my capacity as executor for the estate of my grandfather I am selling a residence in Newport but I am based in Mountain Ash. My solicitor (based 300 miles awayrequires that I execute a statutory declaration ahead of completion. Could you suggest a conveyancing lawyer in Mountain Ash to witness this legal document for me?

Technically speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will do regardless of whether they are Mountain Ash based

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