What can a local search reveal concerning the property I am buying in St Ives?
St Ives conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search organisations for example Searches UK The local search is essential in every St Ives conveyancing purchase; as long as you don’t want any nasty once you have moved into your new home. The search will reveal data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject sections.
I own a semi-detached Georgian property in St Ives. Conveyancing practitioner represented me and Skipton Building Society. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in St Ives and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing lawyer who conducted the purchase.
I have been on the look out for a leasehold apartment up to £245,000 and found one close by in St Ives I like with amenity areas and transport links in the vicinity, however it's only got 52 years unexpired on the lease. There is not much else in St Ives in this price bracket, so just wondered if I would be making a mistake acquiring a lease with such few years left?
If you need a home loan the remaining unexpired lease term will be problematic. Reduce the price by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for at least twenty four months you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer regarding this.
My husband and I are FTB’s - agreed a price, but the selling agent told us that the owners will only issue a contract if we appoint the agent's recommended lawyers as they are insisting on an ‘expedited deal’. Our preferred option is to instruct a family solicitor accustomed to conveyancing in St Ives
We suspect that the owner is not behind this demand. If they desire ‘a quick sale', taking such a hostile approach to a serious buyer is likely to cause more damage than good. Try to communicate with the sellers directly and explain that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you wish to move quickly (e)however you intend to appoint your preferred St Ives conveyancing solicitors - as opposed tothose that will provide their negotiator at the agency a referral fee or hit his conveyancing targets set by corporate headquarters.
I work for a long established estate agency in St Ives where we have witnessed a number of flat sales jeopardised as a result of short leases. I have been given inconsistent advice from local St Ives conveyancing firms. Could you confirm whether the seller of a flat can commence the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
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 acquired a 1st floor flat in St Ives, conveyancing was carried out 7 years ago. Can you work out an approximate cost of a lease extension? Comparable flats in St Ives with an extended lease are worth £260,000. The ground rent is £45 levied per year. The lease comes to an end on 21st October 2099
With only 74 years remaining on your lease we estimate the price of your lease extension to be between £8,600 and £9,800 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.