As someone not used to the Paignton conveyancing process what is the number one tip you can give me concerning the legal transfer of property in Paignton

Not many law firms or advisers will tell you this but conveyancing in Paignton or throughout Devon is often a confrontational process. In other words, when it comes to conveyancing there exists an abundance of opportunity for friction between you and other parties involved in the transaction. For instance, the vendor, estate agent and even potentially the lender. Choosing a lawyer for your conveyancing in Paignton an important selection as your conveyancer is your adviser, and is the SOLE person in the legal process whose role it is to act in your legal interests and to protect you.

We are witnessing a distinct ongoing adversarial element to conveyancing- someone must be at fault for the process being so protracted. You should always trust your solicitor above the other parties in the home moving process.

I know that there are debates on Chancel Insurance on online forums. Do I require chancel insurance when purchasing a property in Paignton? or I am told that there is a law dating back centuries that could mean that house owners living in a parish church boundary will be compelled to pay for maintenance towards the chancel within the church. Is this relevant for conveyancing in Paignton?

Unless a prior purchase of the house completed after 12 October 2013 you can assume that solicitors carrying out conveyancing in Paignton to continue to suggest a chancel search and or chancel repair liability policy.

The estate agent has sent us the confirmation of our purchase of a new build flat in Paignton. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Set out below is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Paignton

Forfeiture - bankruptcy or liquidation must not apply under this provision. Please confirm the Lease plans are surveyor prepared. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants.

Over the last few months I have been searching for a ground for flat up to £195,000 and identified one round the corner in Paignton I like with a park and railway links in the vicinity, the downside is that it only has 61 years on the lease. There is not much else in Paignton for this price, so just wondered if I would be making a grave error acquiring a short lease?

Should you need a home loan the remaining unexpired lease term will likely be problematic. Discount the price by the anticipated lease extension will cost if not already taken into account. If the current owner has owned the premises for at least 2 years you could ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this.

There are only Sixty One years unexpired on my flat in Paignton. I now want to extend my lease but my freeholder is can not be found. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. For most situations a specialist may be helpful to conduct investigations and prepare a report to be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court covering Paignton.

I inherited a leasehold flat in Paignton, conveyancing was carried out half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Corresponding flats in Paignton with over 90 years remaining are worth £180,000. The average or mid-range amount of ground rent is £65 levied per year. The lease ends on 21st October 2083

You have 58 years remaining on your lease we estimate the price of your lease extension to span between £22,800 and £26,400 plus legals.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to provide the actual costs without more comprehensive investigations. Do not use the figures in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first getting professional advice.