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Recently asked questions about conveyancing in Whitchurch

It is is a decade since I purchased my home in Whitchurch. Conveyancing lawyers have just been retained on the sale but I am unable to find my deeds. Is this a problem?

Don’t worry too much. Firstly there is a chance that the deeds will be retained by the mortgage company or they may be archived with the solicitor who handled your purchase. Secondly the likelihood is that the property will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring current official copies of the land registers. Most conveyancing in Whitchurch relates to registered property but in the unlikely event that your property is not registered it adds to the complexity but is not insurmountable.

Just had an offer accepted on a new build apartment in Whitchurch. 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 are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Whitchurch

    Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.

I need to find a conveyancing solicitor for some conveyancing in Whitchurch. I have chance upon a site which seems to have the ideal solution If there is a chance to get all this stuff completed via web that would be preferable. Do I need to be wary? What should out be looking out for?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

Due to sign contracts shortly on a basement flat in Whitchurch. Conveyancing lawyers inform me that they are sending me a report next week. What should I be looking out for?

The report on title for your leasehold conveyancing in Whitchurch should include some of the following:

    The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. Details of the parties to the lease, e.g. these could be the lessee, superior lessor, freeholder Responsibility for maintaining the window frames Rent payments - how much and when you need to pay, and be on notice if this is subject to change Are pets allowed in the flat?
For details of the information to be contained in your report on your leasehold property in Whitchurch please enquire of your solicitor in advance of your conveyancing in Whitchurch.

Whitchurch Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

    Plenty Whitchurch leasehold apartments will have a service bill for the upkeep of the building invoiced on behalf of the management company. If you acquire the flat you will have to meet this liability, normally in instalments throughout the year. This can be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a rentcharge for you to pay annual, ordinarily this is not a significant sum, say around £25-£75 but you should to check it because occasionally it can be prohibitively expensive. This information is helpful as a) areas may result in problems in the building as the communal areas may start to deteriorate where services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to know about it If a Whitchurch lease has fewer than 80 years it will affect the value of the property. Check with your lender that they are happy with remaining years on the lease. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you will be be obliged to have owned the residence for two years before you are eligible to extend the lease.

I happen to be an executor of my recently deceased aunt’s Will, with a property in Whitchurch which will be sold. The house has never been registered at the Land Registry and I'm told that some purchasers will insist that it is done before they will proceed. What's the mechanism for this?

In the circumstances that you have set out it seems sensible to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.

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