It is a dozen years since I bought my property in Whyteleafe. Conveyancing solicitors have now been instructed on the sale but I can't find my deeds. Is this a major issue?
Don’t worry too much. First the deeds may be retained by your mortgage company or they could be in the possession of the solicitor who handled your purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Whyteleafe involves registered property but in the unlikely event that your home is unregistered it is more of a problem but is resolvable.
My wife and I have a renovated Georgian property in Whyteleafe. Conveyancing lawyer acted for me and Skipton Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Whyteleafe and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the position with the conveyancing lawyer who conducted the work.
What tools are available to locate a Whyteleafe solicitor on the Birmingham Midshires conveyancing panel? I drive a motor bike and am happy to travel upto 25kilometers to meet the conveyancer.
You can use the tool on this website. Please pick a bank and your location and you will see a number of Whyteleafe conveyancing lawyers located nearest you. We have detailed some Whyteleafe conveyancing firms towards the end of this page and you can ring them to check whether they are on the Birmingham Midshires member panel
I am a negotiator for a long established estate agent office in Whyteleafe where we see a few flat sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Whyteleafe conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I inherited a basement flat in Whyteleafe. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for the purchase of the freehold?
Where there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the relevant legislation it is possible to make an application to the LVT to assess the premium.
An example of a Freehold Enfranchisement decision for a Whyteleafe residence is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case was in relation to 3 flats. The number of years remaining on the existing lease(s) was 75 years.
I've found a house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have just discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Whyteleafe. Conveyancing advisers have not yet been instructed. Will they explain the issues?
Most houses in Whyteleafe are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Whyteleafe in which case you should be looking for a Whyteleafe conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your lawyer will advise you fully on all the issues.