My wife and I are downsizing from our home in Bedford and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A local lawyer would know that there is no such problem. For the life of me I don't know why the buyers are using a web based conveyancing firm as opposed to a conveyancing solicitor in Bedford. Having lived in Bedford for three years we know of no issue. Should we get in touch with our local Authority to get clarification that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Bedford?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Bedford. 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…’
The estate agent has sent us the confirmation of our purchase of a new build apartment in Bedford. Conveyancing is a frightening process 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 is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Bedford
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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.
Should I be wary that third parties that I am dealing with are recommending an internet conveyancing firm as opposed to a local Bedford conveyancing firm?
As with lots of professional services, often recommendations from connections can be extremely useful or valuable. Yet there are lots of people with a vested interest in a conveyancing matter; estate agents, financial adviser and mortgage companies might all suggest lawyers to choose. On occasion the solicitors might be known to one of the organisations as experts in their field, but sometimes there behind the scenes financial incentive behind the recommendation. You have the right to choose your preferred lawyer. You need to be aware that some banks operate an approved list of solicitors you must use for the lender related work in your transaction.
Can you offer any advice when it comes to finding a Bedford conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Bedford conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with several firms including non Bedford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be of use:
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What volume of lease extensions have they completed in Bedford in the last twenty four months? If they are not ALEP accredited then why not?
I acquired a ground floor flat in Bedford, conveyancing was carried out half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar flats in Bedford with a long lease are worth £180,000. The ground rent is £65 per annum. The lease comes to an end on 21st October 2083
With only 58 years unexpired we estimate the premium for your lease extension to span between £22,800 and £26,400 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.
Why is it not possible to complete my conveyancing in Bedford on Easter Monday?
Because on completion the money will be transferred electronically between the banks of the buyer and owner’s lawyer and at present this can only happen on a working day. It is not possible to complete on a weekend either.