We are approaching an exchange on a flat in Westbourne and my parents have transferred the 10% deposit to my solicitor. I am now advised that as the deposit has not come from me my property lawyer needs to disclose this to my bank. I am advised that, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company about my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
The lawyer is obliged to clarify with lender to ensure that they understand that the balance of the purchase price is not from your own funds. Your solicitor can only reveal this to your lender if you agree, failing which, your lawyer must cease to continue acting.
What does a local search tell me concerning the house I am buying in Westbourne?
Westbourne conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search company for instance Xpress Legal The local search plays a central role in many a Westbourne conveyancing purchase; as long as you don’t want any unpleasant surprises after you move into your new home. The search will provide 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 thirteen topic sections.
I purchased my home on 5 August and the transaction details is not yet registered. Any reason for this? My conveyancing solicitor in Westbourne expressed confidence that it will be recorded inside ten days. Are titles in Westbourne uniquely lengthy to register?
As far as conveyancing in Westbourne is concerned, registration is no faster or slower than anywhere else in the country. Rather than based on location, timeframes can adjust according to the party submitting the application, whether it is in order and whether the Land registry must send notices to any interested parties. Currently approximately three quarters of such applications are fully addressed within 12 days but occasionally there can be extensive hold-ups. Registration occurs after the new owner has moved in to the property therefore 'speed' is not usually primary concern but if there is a degree of urgency associated with the registration then you or your lawyers could contact the land registry and explain the circumstances.
The estate agent has sent us the confirmation of our purchase of a new build flat in Westbourne. Conveyancing is daunting 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 few leasehold new build questions that you may expect your new-build leasehold conveyancing in Westbourne
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Please provide evidence that the form of Lease proposed has been approved by the Land Registry. 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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please confirm the Lease plans are surveyor prepared.
Is planning permission needed to split a single dwelling into a couple of appartments in Westbourne? This has taken place to a property opposite to my home in Westbourne and was not aware of it happening until it was done.
Planning Permission yes. Building Regulations yes.