It is a dozen years since I purchased my property in Belper. Conveyancing lawyers have just been appointed on the sale but I am unable to locate my title documents. Will this jeopardise the sale?
Don’t worry too much. First there is a possibility that the deeds will be kept by your mortgage company or they could stored with the conveyancers who oversaw the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. The vast majority of conveyancing in Belper relates to registered property but in the unlikely event that your home is unregistered it is more problematic but is not insurmountable.
I happen to be the only recipient of my late mum's estate with all property in now in my sole name, including the my former home in Belper. Conveyancing formalities meant that the Land Registry date was in November. I now wish to sell up. I do know about the CML six month 'rule', meaning my proprietorship will be considered the same way as if I'd bought the property in November. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. Most lenders would take a sensible view as this requirement is primarily there to capture subsales or the wholesaling and assigning of property.
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Belper building society branch on a couple of occasions and was told they are content with the situation and they will lend. My Belper conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they refuse to lend based on their published requirements. Who do I believe?
Provided that the solicitor is on the lender panel, they must follow the Council of Mortgage Lenders’ Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Kent Reliance have agreed my mortgage in principle, my bid on a flat in Belper has been agreed to, now what?
The estate agent will wish to know who your solicitors are (ensure that the lawyers are on the bank’s panel). Contact Kent Reliance or the financial adviser and finalise any appropriate paperwork. Kent Reliance will sellect a valuer who will get in contact with the selling agent or vendor to schedule a time for the valuation to happen. Once carried out (assuming no problems) it takes about ten days to receive the mortgage offer. Kent Reliance will issue the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Belper.
We are intent on selling our house in Belper and the buyers lawyers are claiming that there is a possibility that the property was constructed on contaminated land. Any local conveyancer would know that there is no such problem. It does beg the question why the purchasers used a national conveyancing practice as opposed to a conveyancing solicitor in Belper. We have lived in Belper for 5 years we know that this is a non issue. Should we contact our local Authority to seek confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor already. Are they able to advise? You need to 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)
I purchased my apartment on 5 March and the transaction details is not yet registered. Should I be concerned? My conveyancing solicitor in Belper advises it should be formalised inside ten days. Are transfers in Belper particularly slow to register?
There is nothing unique when it comes to conveyancing in Belper registration formalities. As opposed to being determined by geographic area, timeframes can adjust according to who lodges the application, whether there are errors and whether the Land registry communicate with any third persons or bodies. Currently approximately 80% of such applications are fully addressed in less than three weeks but some can be subject to longer hold-ups. Registration is effected once the new owner has moved in to the property so registration formalities is not usually primary concern but if it is urgent that the the registration takes place urgently then you or your solicitor can contact the land registry and explain the circumstances.
What does commercial conveyancing in Belper cover?
Belper conveyancing for business premises covers a wide array of services, supplied by qualified solicitors, relating to business property. For instance, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of tenancies.
Why can't I complete my conveyancing in Belper on a bank holiday?
Because on completion the funds needs to be transferred electronically between the banks of the buyer and owner’s conveyancing practitioner and at present this can only occur on a working day. So you can't complete on a saturday or sunday either.