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Recently asked questions about conveyancing in Writtle

The owners have very assertive sellers who has suggested a preliminary agreement with a non-refundable deposit 10k. Are such contracts the norm for Writtle conveyancing transactions?

There are a couple of primary drawbacks with entering into any lock out agreement (sometimes referred to as an exclusivity agreement) is that it diverts attention away from making progress with the conveyancing transaction itself, so in the absence of it needing limited or no negotiation then it may turn out to be unhelpful. It is not particularly popular amongst Writtle conveyancing practitioners as a result. A further concern is the extent of the remedies available - an aggrieved purchaser is not likely to be issued with an injunctive ruling by a court to stop the vendor selling to another buyer, so the only remedy open via the agreement will be the recovery of abortive costs and, in limited circumstances, the extra payment of penalties.

It is 10 years ago since I purchased my home in Writtle. Conveyancing solicitors have now been instructed on the sale but I am unable to track down my title documents. Will this jeopardise the sale?

You need not be too concerned. Firstly the deeds may be with your lender or they could be archived with the lawyers who handled the purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. Most conveyancing in Writtle relates to registered property but in the rare situation where your property is not registered it is more problematic but is not insurmountable.

Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what should have been a quick, no chain conveyancing. Writtle is the location of the property. Can you shed any light on this issue?

Flying freeholds in Writtle are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Writtle you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Writtle may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

Should I be wary that third parties that I am dealing with are suggesting a nationwide conveyancing firm as opposed to a High Street Writtle conveyancing practice?

As with many professional services, often recommendations from relatives can be extremely useful or valuable. But there are many people with a keen interest in a conveyancing transaction; estate agents, mortgage brokers and mortgage companies may put forward conveyancers to choose. On occasion these solicitors might be known to one of the organisations as being good in their field, but occasionally there is an underlying financial incentive behind the recommendation. You have the discretion to appoint your preferred lawyer. You need to be aware that the majority of lenders specify a panel list of law firms you have to use for the mortgage aspect of your transaction.

Back In 2001, I bought a leasehold flat in Writtle. Conveyancing and Barclays mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Writtle who previously acted has long since retired. What should I do?

The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Writtle conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I invested in buying a basement flat in Writtle, conveyancing having been completed 7 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Writtle with over 90 years remaining are worth £181,000. The average or mid-range amount of ground rent is £55 levied per year. The lease finishes on 21st October 2070

With just 51 years unexpired we estimate the price of your lease extension to range between £30,400 and £35,200 plus legals.

The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide the actual costs without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.

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Find out more about how flying freehold can affect your the value of a property.