It is is a decade since I acquired my home in Beddington South. Conveyancing lawyers have now been retained on the sale but I can't locate my title documents. Will this jeopardise the sale?
Don’t worry too much. First there is a chance that the deeds will be kept by the lender or they could stored with the conveyancers who oversaw your purchase. Secondly the likelihood is that the land will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring current official copies of the land registers. Nearly all conveyancing in Beddington South relates to registered property but in the rare situation where your property is not registered it is more tricky but is resolvable.
My aunt passed away six months ago and as sole heir and executor I was left the house in Beddington South. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Lloyds, pay off the mortgage. Is this allowed?
Given you plan to refinance then Lloyds will require that you use a conveyancer on the Lloyds 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 Lloyds 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 Lloyds mortgage is registered as a charge at the Land Registry.
Are there restrictive covenants that are commonly identified as part of conveyancing in Beddington South?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Beddington South. 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…’
How does conveyancing in Beddington South differ for new build properties?
Most buyers of new build residence in Beddington South contact us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because house builders in Beddington South usually buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Beddington South or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in Beddington South prior to retaining lawyers. I have been told that there is a flying freehold overhang to the house. My surveyor has said that some banks may not give a loan on this type of house.
It depends who your proposed lender is. Santander has different requirements from Nationwide. If you e-mail us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Beddington South. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Beddington South to see if the conveyancing costs will increase in light of this.
Can you offer any advice when it comes to appointing a Beddington South conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a solicitor for your lease extension (regardless if they are a Beddington South conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggest that you talk with two or three firms including non Beddington South conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be helpful:
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How many lease extensions have they carried out in Beddington South in the last 12 months? How familiar is the firm with lease extension legislation?
I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Beddington South conveyancing firm to represent me?
in cases where there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to determine the premium.
An example of a Freehold Enfranchisement matter before the tribunal for a Beddington South flat is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case affected 4 flats. The unexpired term as at the valuation date was 98 years.