In the event thatI were to purchase a simple residential propertyin Berkeley mortgage fee and dispense with a survey and no local authority searches how much should I expect to have to pay for conveyancing in Berkeley?
Any savings you would achieve would be isolated to the costs for searches. The conveyancer is obliged to do the vast majority of work - money laundering, communicating with your sellers solicitor, SDLT submission, register the ownership etc. A slight saving might be made by not having to register a mortgage but it won't be a lot.
As someone not used to conveyancing in Berkeley what is the number one tip you can give me concerning the home moving process in Berkeley
You may not hear this from too many lawyers but conveyancing in Berkeley or throughout England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there exists lots of opportunity for friction between you and others involved in the home moving process. For instance, the vendor, property agent and even potentially a lender. Selecting a law firm for your conveyancing in Berkeley is a critical decision as your conveyancer is your adviser, and is the ONE person in the legal process whose interest is to look after your best interests and to keep you safe.
Sometimes a potential adversary may try and persuade you that you should follow their advice. For instance, the property agent may claim to be helping by suggesting your solicitor is wrong. Or your mortgage broker may try to convince you to do take action that is contrary to your solicitors advice. You should always trust your lawyer above all other parties in the conveyancing process.
I am buying a new build apartment in Berkeley. 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.
Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Berkeley
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The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Should I be wary by third parties that I am dealing with are suggesting a nationwide conveyancing firm as opposed to a High Street Berkeley conveyancing company?
As is the case with many service providers, often recommendations from connections can be worth their weight in gold. Nevertheless there are lots of parties with a vested interest in a conveyancing deal; estate agents, mortgage brokers and banks may suggest conveyancers to choose. On occasion the lawyers might be known to one of the organisations as being good in their field, but occasionally there behind the scenes commercial relationship behind the recommendation. You have the right to select your preferred lawyer. You need to be aware that some banks specify a panel list of lawyers you have to use for the mortgage aspect of your home move.
I own a leasehold house in Berkeley. Conveyancing and Barclays mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Berkeley who previously acted has now retired. Any advice?
The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Berkeley conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I acquired a 2 bed flat in Berkeley, conveyancing having been completed March 1997. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Berkeley with an extended lease are worth £180,000. The ground rent is £65 invoiced annually. The lease ends on 21st October 2083
With 58 years left to run the likely cost is going to range between £22,800 and £26,400 as well as professional fees.
The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first getting professional advice.
Should one remove a deceased person's name from the title register for a house in Berkeley?
If a Berkeley property is jointly owned and one of the proprietors passes away, the name will not automatically be removed from the Land Registry title. It is not necessary to remove their name as in the event of a sale you would simply be required to evidence as to the reason the other proprietor is not included in the conveyance, such as a grant of probate.
With a view to making the sale conveyancing simpler in the future you may apply to have the deceased party removed from the title by submitting an application to HMLR with proof of the death. There is no land registry fee payable.