It is is a decade since I bought my house in Barnet. Conveyancing lawyers have recently been retained on the sale but I am unable to locate the title documents. Is this a major issue?
You need not be too concerned. Firstly the deeds may be with the mortgage company or they could be archived with the lawyers who acted in the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Almost all conveyancing in Barnet relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
I have been told that property searches are the main cause of delay in Barnet house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) released findings of a review by MoveWithUs that conveyancing searches do not feature within the most frequent causes of delays during the legal transfer of property. Searches are not likely to feature in any holding up conveyancing in Barnet.
I used Arc property Solicitors several years past for my conveyancing in Barnet. I now require my papers but cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Barnet of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I'm buying a new build house in Barnet with a loan from Yorkshire Building Society. The sellers refused to move on the price so I negotiated £7000 of extras instead. The estate agent told me not inform my lawyer about the deal as it would impact my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the UK Finance website. UK Finance form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I opted to have a survey carried out on a property in Barnet before instructing lawyers. I have been advised that there is a flying freehold element to the house. My surveyor has said that some mortgage companies may refuse to give a mortgage on such a property.
It varies from the lender to lender. Lloyds has different requirements for example to Halifax. If you call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Barnet. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Barnet to see if the conveyancing costs will increase in light of this.
I have just started marketing my basement flat in Barnet. Conveyancing is yet to be initiated, however I have just received a half-yearly service charge demand – Do I pay up?
The sensible thing to do is discharge the service charge as you normally would as all ground rent and maintenance invoices will be apportioned as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
My wife and I have hit a brick wall in trying to purchase the freehold in Barnet. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most definitely. We are happy to put you in touch with a Barnet conveyancing firm who can help.
An example of a Lease Extension decision for a Barnet property is Flat 2 2 Netherfield Road in April 2010. The Tribunale held that premium payable for a 90 year extension to the existing Lease should be £7,705. This case was in relation to 1 flat. The unexpired residue of the current lease was 76 years.