We're in St Werburghs, FTBs buying with a mortgage (lender is Coventry BS , and our lawyer is on the Coventry BS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Coventry BS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
The estate agent has sent us the confirmation of our purchase of a new build apartment in St Werburghs. 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 selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in St Werburghs
Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply a car parking plan. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
Over the last few months I have been searching for a flat up to £245,000 and identified one round the corner in St Werburghs I like with a park and station nearby, the downside is that it only has 49 years unexpired on the lease. I can't really find anything else in St Werburghs in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
If you require a home loan that many years may be problematic. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the current owner has owned the premises for a minimum of 2 years you may request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease with a zero ground rent applied. You should speak to your conveyancing solicitor about this matter.
I have been recommended by a few selling agents in St Werburghs to select a conveyancer using your seach tool. What’s the financial advantage for Estate Agents to recommend your lawyers ahead of alternative conveyancing organisations?
We refuse to make any financial incentive for sending work our way. We thought it would be too underhand to pay a commission because home movers will think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
There are a number of houses in St Werburghs on unadopted lanes. I am acquiring such a house. What are the advantages and disadvantages of buying a house on a privately owned road?
St Werburghs conveyancing solicitors will be familiar with dealing houseson private. Your conveyancer should review the Land Registry data to find any rights or liabilities. In many cases there is a management company (wholly owned by residents) that residents make annual payments to maintain the road. If there is one, the road will likely be maintained and appear nicer than council owned.