My uncle passed away six months ago and as sole heir and executor I was left the property in Bamburgh. The house had a small mortgage remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Nottingham, pay off the mortgage. Is this allowed?
If you plan to re-mortgage then Nottingham will require that you use a conveyancer on the Nottingham conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Nottingham conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Nottingham mortgage is registered as a charge at the Land Registry.
My father informed me that in purchasing a property in Bamburgh there could be various restrictions preventing external changes to a property. Is this right?
We are aware of a number of properties in Bamburgh which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Bamburgh should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Can you help - my lawyer says that chancel insurance is required on my purchase. What is the level of cover for Bamburgh conveyancing?
The right level of chancel indemnity insurance depends on your lender. It would differ for example between Nationwide Building Society and Leeds Building Society. Conveyancing practitioners as opposed to members of the public take out such insurances.
I happen to be the single beneficiary of my late father’s estate with all property in now in my sole name, including the my former home in Bamburgh. The Bamburgh property was put into my name in November. I want to move. I understand that there is a CML 6 month 'rule', which means that my property ownership could be treated the same way as though I had purchased the property in November. Is the property unsalable for six months?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be affected by that. How practical a view lenders take of it, depend on the mortgage company as this provision primarily exists to pick up on the purchase and immediately sell or the wholesaling and assigning of property.
Are there restrictive covenants that are commonly identified as part of conveyancing in Bamburgh?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Bamburgh. 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…’
Is it possible to switch firm as I need to select a firm on the HSBC Bank conveyancing list. I was using a family conveyancing solicitor in Bamburgh five minutes from me but she is not approved by HSBC Bank
We will our best to assist in finding you a conveyancing solicitor in Bamburgh on the HSBC Bank panel. Please note that the law firms that we work with do not pay us a referral fee if you instruct them and are registered with the SRA who regulate all conveyancing solicitors in Bamburgh. In making use of the find a conveyancing solicitor tool on this page, you can compare and instruct different solicitors and conveyancers both nationally and in Bamburgh.
Do you have any top tips for leasehold conveyancing in Bamburgh from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Bamburgh can be avoided where you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers’ solicitors. If you are supposed to have a share in the freehold, you should make sure that you have the original share certificate. Organising a duplicate share certificate is often a lengthy formality and slows down many a Bamburgh conveyancing deal. If a reissued share certificate is needed, do contact the company officers or managing agents (if applicable) for this sooner rather than later. A minority of Bamburgh leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors. In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Bamburgh leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such changes. Where you dont have the paperwork to hand do not contact the landlord without contacting your conveyancer first.
Leasehold Conveyancing in Bamburgh - A selection of Queries Prior to buying
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This information is helpful as a) areas may cause problems for the block as the common areas may start to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to have full disclosure Is the freehold reversion owned collectively by the tenants? Does the lease have onerous restrictions?
How up-to-date is your database of lawyers on the mortgage company conveyancing panel in Bamburgh? Do the lenders send you an updated list?
Bamburgh firms and firms carrying out conveyancing in Bamburgh themselves provide us confirmation that they are on the bank conveyancing panel as opposed to being supplied with a list from the bank directly.