It is is a decade since I bought my property in Basildon. Conveyancing solicitors have just been appointed on the sale but I can't locate my title deeds. Is this a major issue?
You need not be too concerned. First the deeds may be retained by the lender or they may stored with the solicitor who acted in the purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers obtaining up to date copy of the land registers. Most conveyancing in Basildon relates to registered property but in the rare situation where your home is unregistered it is more problematic but is resolvable.
Various web forums that I have visited warn that are the number one cause of stalling in Basildon conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of slowing down conveyancing in Basildon.
I am buying a new build apartment in Basildon. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Basildon
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I've recently found out that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a simple, chain free conveyancing. Basildon is the location of the property. What do you suggest?
Flying freeholds in Basildon are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Basildon you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Basildon may ascertain 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 residence.
My partner has recommend that I use his conveyancing solicitors in Basildon. Should I find my own solicitor?
Much as we are happy to recommend a Basildon conveyancing lawyer it’s preferable to select a conveyancing solicitor is to get feedback from friends or family who have previously instructed the conveyancer that you are contemplating using.
Our bank agreed in principle to issue us a mortgage. We have retained a reputable conveyancer in Basildon yesterday. Today, our mortgage adviser called to say that the mortgage company said that we cannot use our solicitor as they aren't on their 'approved list'. As novices, we did not have a clue that the bank had some control over our choice Is this legal?
You can actually instruct any property lawyer you prefer to use including the said conveyancer in Basildon nevertheless if they are not on the your bank's approved list you must pay an extra fee so the bank can instruct their own solicitors as well to protect their interest. It may be conceivable that your preferred conveyancing firm to get included on to the bank list of approved firms. You can use online tools including lenderpanel.com to find a conveyancing solcitor in Basildon on the lender panel. You can go into your local lender branch in Basildon. They can recommend conveyancing solicitors in Basildon on the panel for your mortgage company.