Please help. My Whittlesey lawyer is advising me that she is duty bound toconduct Whittlesey conveyancing searches becausethe firm are on the HSBCconveyancing panel. These Whittlesey checks cost a lot of money can this be avoided?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Whittlesey conveyancing searches.
Are there restrictive covenants that are commonly picked up during conveyancing in Whittlesey?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Whittlesey. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am buying a new build flat in Whittlesey. 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 are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Whittlesey
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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. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Do I need to be wary by third parties that I am dealing with are suggesting a factory type conveyancing firm as opposed to a High Street Whittlesey conveyancing practice?
As is the case with many service providers, often recommendations from relatives can be extremely useful or valuable. Yet there are numerous players in a conveyancing transaction; estate agents, mortgage brokers and lenders may suggest lawyers to choose. On occasion the solicitors might be known to one of the organisations as being good in their field, but sometimes there exists a financial incentive behind the recommendation. You are free to appoint your own lawyer. However, bear in mind that the majority of banks have an approved list of lawyers you are obliged to use for the lender related work in your home move.
I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Whittlesey. Conveyancing lawyers have not yet been appointed. Will they explain the issues?
Most houses in Whittlesey are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area who can help the conveyancing process. It is clear that you are purchasing in Whittlesey in which case you should be shopping around for a Whittlesey conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor will report to you on the legal implications.
I purchased a 1st floor flat in Whittlesey, conveyancing was carried out January 2004. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Whittlesey with an extended lease are worth £216,000. The ground rent is £50 yearly. The lease ends on 21st October 2094
With just 69 years left to run we estimate the premium for your lease extension to range between £9,500 and £11,000 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.