It is 10 years ago since I acquired my house in Warlingham. Conveyancing lawyers have now been instructed on the sale but I am unable to locate the deeds. Will this jeopardise the sale?
You need not be too concerned. First there is a chance that the deeds will be with the lender or they could stored with the lawyers who oversaw the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors acquiring current official copies of the land registers. Nearly all conveyancing in Warlingham relates to registered property but in the rare situation where your property is unregistered it is more problematic but is not insurmountable.
Various online forums that I have frequented warn that are the primary reason for stalling in Warlingham house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not figure amongst the top 10 causes of hindrances in the conveyancing process. Local searches are unlikely to be the root cause of slowing down conveyancing in Warlingham.
Despite weeks of looking the Title Certificate and documents to our house are lost. The conveyancers who handled the conveyancing in Warlingham 4 years ago no longer exist. What are my next steps?
These day there are duplicates made of almost everything, and your solicitor should know precisely where to look for all the suitable paperwork so you can purchase or dispose of your property without any difficulty. Where copies are not available, your conveyancer can arrange cover in the form of insurance or indemnities against future claims on your premises.
Due to the encouragement of my in-laws I had a survey completed on a house in Warlingham ahead of instructing lawyers. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some lenders tend refuse to issue a mortgage on such a premises.
It depends who your proposed lender is. Lloyds has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Warlingham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Warlingham to see if the conveyancing will be more expensive.
Back In 2005, I bought a leasehold flat in Warlingham. Conveyancing and Leeds Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Warlingham who previously acted has long since retired. Do I pay?
The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Warlingham conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I inherited a second floor flat in Warlingham. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount due for the purchase of the freehold?
in cases where there is a absentee freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to determine the price payable.
An example of a Freehold Enfranchisement case for a Warlingham flat is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case related to 6 flats. The number of years remaining on the existing lease(s) was 78.32 years.