I am being told by my lawyer that lack of building regulations insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Berkhamsted?
The appropriate level of lack of building regulations indemnity insurance should be dictated by who who your lender is. It would differ for example between Barclays and The Royal Bank of Scotland. Conveyancing lawyers as opposed to members of the public take out such insurances.
I have today made my last payment due on my mortgage with Lloyds. I assume I don't need a Berkhamsted property lawyer on the Lloyds panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
The mortgage over my property is with Coventry BS for my property in Berkhamsted. Conveyancing was finalised months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Coventry BS?
Your original mortgage agreement with Coventry BS will provide that you need their approval before letting out your property as this is likely to be a breach of Coventry BS’s mortgage conditions. It may be that Coventry BS will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Coventry BS directly. You need not do this via a Coventry BS conveyancing panel solicitor.
I know that there are debates on Chancel Insurance on online forums. Am I compelled to take this when buying a property in Berkhamsted? or Apparently there is historic law that could mean that owners of property living in a parish church boundary may be liable to contribute towards maintenance towards the chancel within the church. Is this suitable for conveyancing in Berkhamsted?
Unless a prior purchase of the house completed after 12 October 2013 you can expect lawyers handling conveyancing in Berkhamsted to continue to advocate a chancel search and or insurance against a claim.
My wife and I purchased a renovated Victorian property in Berkhamsted. Conveyancing practitioner acted for me and HSBC Bank. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Berkhamsted and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with the conveyancing lawyer who conducted the work.
I opted to have a survey carried out on a house in Berkhamsted before instructing conveyancers. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies will refuse to grant a mortgage on such a property.
It varies from the lender to lender. Santander has different instructions for example to Birmingham Midshires. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Berkhamsted. Conveyancing will be smoother if you use a solicitor in Berkhamsted especially if they are familiar with such properties in Berkhamsted.
Should I instruct a Berkhamsted conveyancing practitioner based in the location that I am buying? I have an old university friend who can execute the conveyancing however her office is approximately 350kilometers drive away.
The primary upside of using a high street Berkhamsted conveyancing firm is that you can pop in to execute paperwork, present your identification documents and apply pressure on them where appropriate. They will also have local insight which is a benefit. However it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and the majority were impressed that must outweigh using an unknown Berkhamsted conveyancing solicitor solely due to them being local.
I am hoping to sign contracts shortly on a garden flat in Berkhamsted. Conveyancing solicitors assured me that they report fully within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Berkhamsted should include some of the following:
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Does the lease prohibit wood flooring? You must be informed what is to be regarded as a Nuisance in the lease An explanation concerning the obligations as set out in the lease to pay service charges - in respect of the block, and the wider rights a tenant has Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? Defining your rights in relation to the communal areas in the building.For instance, does the lease include a right of way over an accessway or staircase?
Berkhamsted Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
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What is the the remaining lease term? Does the lease contain onerous restrictions? Where a Berkhamsted lease has no more than eighty years it will affect the salability of the property. Check with your mortgage company that they are happy with remaining years on the lease. A short lease means that you will almost definitely need a lease extension sooner rather than later and it is worth discovering how much this would cost. Remember, in most cases you will need to own the premises for 24 months before you are entitled to exercise a lease extension.