It is 10 years ago since I bought my house in Barnet. Conveyancing solicitors have recently been instructed on the sale but I can't track down my title documents. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be retained by your mortgage company or they could be in the possession of the solicitor who oversaw the purchase. Secondly in all probability 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 acquiring up to date copy of the land registers. The vast majority of conveyancing in Barnet relates to registered property but in the unlikely event that your property is not registered it is more problematic but is resolvable.
I have been told that property searches are the primary reason for obstruction in Barnet conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of a review by MoveWithUs that conveyancing searches do not feature within the top 10 causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any holding up conveyancing in Barnet.
I used Stirling Law a few years past for my conveyancing in Barnet. Now, I need the documents however cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing 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 instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build house in Barnet with a mortgage from The Royal Bank of Scotland. The builders would not move on the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep advised me not disclose to my conveyancer about this extras as it will affect 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 CML website. CML 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 in advance of instructing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies may not grant a mortgage on this type of house.
It varies from the lender to lender. Santander has different requirements for example to Birmingham Midshires. Should you wish to telephone us we can check with the relevant 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’m about to sell my ground floor apartment in Barnet. Conveyancing has not commenced, but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge as normal as all rents and service payments should be allotted on completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless 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. This will smooth the conveyancing process.
I am the registered owner of a first floor flat in Barnet. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?
You certainly can. We can put you in touch with a Barnet conveyancing firm who can help.
An example of a Lease Extension decision for a Barnet premises 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.