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Recently asked questions about conveyancing in Westcliff On Sea

In what way does my ID and proof of funds have anything to do with my conveyancing in Westcliff On Sea? Is this really necessary?

Westcliff On Sea conveyancing solicitors as well as nationwide property lawyers throughout the UK have an obligation under Anti-terror and anti-money-laundering rules to check the ID of any client in order to satisfy themselves that clients are who they say they are.

Conveyancing clients are required to disclose two forms of certified ID; proof of ID (usually a Passport or Driving Licence) and proof of address (usually a Utility Bill less than 3 months old).

Evidence of source of funds is also necessary in accordance with the money laundering laws as lawyers are mandated to ensure that the monies you are using to buy a property (be it the exchange deposit or the total purchase amount if you are a cash purchaser) has come from an acceptable source (such as employment savings) rather than the product of illegitimate activity.

My aunt passed away 10 months ago and as sole heir and executor I was left the property in Westcliff On Sea. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Principality, pay off the mortgage. Is this allowed?

If you plan to re-mortgage then Principality will require that you use a conveyancer on the Principality conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Principality conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Principality mortgage is registered as a charge at the Land Registry.

Should our solicitor be asking questions about flooding as part of the conveyancing in Westcliff On Sea.

The risk of flooding is if increasing concern for conveyancers dealing with homes in Westcliff On Sea. Plenty of people will acquire a property in Westcliff On Sea, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Conveyancers are not qualified to offer advice on flood risk, however there are a number of checks that may be carried out by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Westcliff On Sea. The conventional set of property information forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) contains a standard question of the owner to determine if the property has suffered from flooding. In the event that the residence has been flooded in past and is not revealed by the seller, then a purchaser could commence a compensation claim as a result of such an incorrect reply. The purchaser’s solicitors may also conduct an environmental search. This should disclose whether there is any known flood risk. If so, further investigations will need to be conducted.

I acquired my home on 2 September and the transaction details is not yet registered. Should I be concerned? My conveyancing solicitor in Westcliff On Sea advises it will be recorded inside ten days. Are transfers in Westcliff On Sea uniquely lengthy to register?

There is nothing unique about conveyancing in Westcliff On Sea registration formalities. Rather than based on location, timescales can differ depending on the party submitting the application, whether there are errors and whether the Land registry have to notify any third parties. At present in the region of 80% of such applications are fully dealt with in less than three weeks but some can be subject to extensive hold-ups. Historically registration is effected after the buyer has moved in to the property therefore registration formalities is not always an essential issue but where it is urgent that the the registration takes place urgently then you or your solicitor can communicate with the Registry to express the reasoning for the application to be prioritised.

I am on look out for some leasehold conveyancing in Westcliff On Sea. Before diving in I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in Westcliff On Sea - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Westcliff On Sea Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

    It is important to be aware whether redecorating or some other major work is due in the foreseeable future to be shared amongst the tenants and could well materially impact the level of the maintenance charges or necessitate a specific payment. Are there any major works on the horizon that could add a premium to the service charges?

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