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Recently asked questions about conveyancing in Wheatley

Why is leasehold purchase conveyancing in Wheatley costs more?

The conveyancing costs on a leasehold property in Wheatley is often greater as compared to a freehold property. This is because there is an amount of extra time required in dealing with the landlord and management company to obtain evidence about whether the rent and service charges have been paid and whether there are any major works due in the foreseeable future on repairs or maintenance of the block.

I am close to exchanging contracts on the sale of our property in Wheatley and according to the buyers it appears that there is a risk of it being built on contaminated land. Any local lawyer would know that there is no such problem. It does beg the question why the purchasers instructed a factory type conveyancing outfit as opposed to a conveyancing solicitor in Wheatley. We have lived in Wheatley for many years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek clarification that the buyers are looking for.

It would appear that you have a conveyancing firm already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)

My wife and I have a 4 bedroom Victorian house in Wheatley. Conveyancing lawyer represented me and The Royal Bank of Scotland. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold with the matching address. I'd like to know for sure, how can I find out??

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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Wheatley and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing lawyer who conducted the purchase.

The estate agent has sent us the confirmation of our purchase of a new build flat in Wheatley. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Wheatley

    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. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.

What advice can you give us when it comes to appointing a Wheatley conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Wheatley conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with two or three firms including non Wheatley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be useful:

    If they are not ALEP accredited then why not? What volume of lease extensions has the firm completed in Wheatley in the last year?

Wheatley Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

    What restrictions are there in the Wheatley Lease? The best form of lease structure is a share of the freehold. In this arrangement the tenants enjoy control and notwithstanding that a managing agent is usually employed where it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Please tell me if there are any major works anticipated that will increase the service costs?

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