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Recently asked questions about conveyancing in Rocester

Finally the sale completed on my house in Rocester last December but our buyer keeps Skype messaging every few hours complaining that her lawyer needs to hear from mine. What are the post completion sale formalities now that I have sold?

Following your disposal your solicitor should send the transfer deeds and all additional paperwork to the buyer’s conveyancer. Depending on the transaction, your lawyer should also send confirmation that the legal charge in favour of the lender has been redeemed to the purchasers conveyancers. There is unlikely to be post completion tasks specific conveyancing in Rocester.

Can you help - my lawyer says that lack of planning permission insurance is needed on my purchase. What is the level of cover for Rocester conveyancing?

The right level of lack of planning permission indemnity insurance should be dictated by who your lender. It would differ for example between Halifax and The Royal Bank of Scotland. Conveyancing solicitors as opposed to borrowers take out such insurances.

I am currently in the process of buying my council flat in Rocester. I have a mortgage offer with Co-operative. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?

It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.

The mortgage over my property is with Nottingham for my property in Rocester. Conveyancing was finalised months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nottingham?

Nottingham must be informed of your intention before letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. It may be that Nottingham will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel lawyer.

Are there restrictive covenants that are commonly picked up during conveyancing in Rocester?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Rocester. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I've recently found out that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Rocester is where the house is located. Can you offer any advice?

Flying freeholds in Rocester are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Rocester you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Rocester 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.

The lawyers carrying out our conveyancing in Rocester has forwarded documents to review that reveal that the property is unregistered with epitome documents. Is it not the case that all properties in Rocester are registered?

Whilst most properties in Rocester are now registered with HMLR there are still a few that are unregistered. Any property in Rocester that has been transferred since the late 1980’s will have been registered at the HM Land Registry under the compulsory ‘first registration’ scheme. However, if a Rocester property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Many Rocester conveyancing solicitors should be familiar with such matters but where uncertainty reigns the usual guidance nowadays appears to be for the seller to address the registration formalities first and then deal with the sale conveyance - this will have a domino effect to result in a prolonged transaction.

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