Some advice if I may. My St Albans solicitor is assuring me that she is duty bound toapply for St Albans conveyancing searches becausethe firm are on the Nat Westapproved lawyer panel. Is my solicitor right?
You have limited options available to you. As you are taking a home loan with a bank your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out St Albans conveyancing searches.
Will my conveyancer be raising enquiries about flooding as part of the conveyancing in St Albans.
The risk of flooding is if increasing concern for solicitors conducting conveyancing in St Albans. There are those who acquire a house in St Albans, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, but there are a various searches that can be undertaken by the buyer or on a buyer’s behalf which will give them a better appreciation of the risks in St Albans. The conventional set of completed inquiry forms given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the seller to discover if the premises has suffered from flooding. In the event that the property has been flooded in past which is not notified by the seller, then a purchaser could commence a claim for damages as a result of such an misleading response. A purchaser’s conveyancers will also conduct an environmental search. This should indicate whether there is a recorded flood risk. If so, more detailed investigations will need to be made.
I am looking for a leasehold apartment up to £235,500 and found one near me in St Albans I like with a park and station nearby, however it only has 49 years on the lease. There is not much else in St Albans in this price bracket, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you require a mortgage the shortness of the lease may be an issue. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the current owner has owned the premises for at least 2 years you can request that they commence the lease extension formalities and pass it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing solicitor about this matter.
I need to appoint a conveyancing solicitor for freehold conveyancing in St Albans. I've discover a site which appears to be the ideal answer If it is possible to get all this stuff done via phone that would be preferable. Should I be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
I am a negotiator for a long established estate agent office in St Albans where we have experienced a number of leasehold sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local St Albans conveyancing firms. Can you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I am the registered owner of a leasehold flat in St Albans, conveyancing was carried out April 2002. Can you work out an approximate cost of a lease extension? Similar flats in St Albans with over 90 years remaining are worth £195,000. The average or mid-range amount of ground rent is £45 yearly. The lease runs out on 21st October 2081
You have 63 years unexpired we estimate the premium for your lease extension to range between £16,200 and £18,600 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first seeking the advice of a professional.