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Recently asked questions about conveyancing in St Austell

In what way does my ID and proof of funds have anything to do with my conveyancing in St Austell? What am I being asked for?

In order to comply with Money Laundering Regulations any St Austell conveyancing firm will require proof of identity in all conveyancing matters. This is normally dealt with by provision of a passport and an original bank statement or utility account evidencing your correct address.

Under Money Laundering Regulations, conveyancing solicitors are duty bound to validate not simply the ID of conveyancing clients but also the source of the money that they receive in respect of any matter. Refusal to disclose this will lead to your conveyancer terminating their retainer with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.

Your property lawyers will have an obligation to make a disclosure to the appropriate authorities should they believe that any monies received by them may contravene the Anti-terror and anti-money-laundering rules.

We are close to exchanging contracts on the sale of our house in St Austell and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. A high street St Austell conveyancer would know that there is no such problem. It does beg the question why the purchasers instructed a web based conveyancing firm rather than a conveyancing solicitor in St Austell. We have lived in St Austell for six years we know of no issue. Should we get in touch with our local Authority to seek clarification that there is no issue.

It would appear that you have a conveyancing firm already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)

How does conveyancing in St Austell differ for new build properties?

Most buyers of new build residence in St Austell approach us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is finished. This is because developers in St Austell tend to acquire the site, 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 St Austell or who has acted in the same development.

Having checked my lease I have discovered that there are only 62 years left on my flat in St Austell. I now want to get lease extension but my freeholder is absent. What are my options?

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 granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to locate the lessor. On the whole a specialist may be useful to try and locate and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing St Austell.

Leasehold Conveyancing in St Austell - Examples of Queries before Purchasing

    Be sure to investigate if there is anything that is prohibited in the lease. For example it is reasonably common in St Austell leases that pets are not permitted in in a block in St Austell. If you like the propertyin St Austell but your cat is not allowed to make the move with you then you will be presented with a hard decision. Does the lease contain onerous restrictions? On the whole the cost for major works tend not to be wrapped into the maintenance charges, albeit that a few managing agents in St Austell obliged leasehold owners to contribute towards a reserve fund created for the specific purpose of building a fund for major repairs or maintenance.

I happen to be an executor of my recently deceased parent's Will, with a house in St Austell which will be sold. The bungalow is unregistered at the Land Registry and I'm advised that many estate agents will insist that it is in place before they will proceed. What's the mechanism for this?

In the circumstances you refer to it seems sensible to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.

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St Austell

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