My conveyancer has uncovered a defect with the lease for the property we are buying in Berrylands. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancing practitioner says that he must check that the mortgage company is willing to move forward with this solution. Are we the client or is the bank?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the bank are the client. These conveyancing instructions must be adhered to.
It is 10 years ago since I purchased my house in Berrylands. Conveyancing solicitors have now been appointed on the sale but I am unable to find the title deeds. Will this cause complications?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by the lender or they could be in the possession of the lawyers who oversaw your purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Nearly all conveyancing in Berrylands relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is resolvable.
My colleague suggested that if I am purchasing in Berrylands I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes included in the estimate for your Berrylands conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about Berrylands around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with maps and statistics, Local Amenities and other useful data regarding Berrylands.
In my capacity as executor for the will of my father I am disposing of a house in Neath but live in Berrylands. My solicitor (approximately 260 miles from mehas requested that I sign a statutory declaration before completion. Could you suggest a conveyancing practitioner in Berrylands who can attest this legal document for me?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or solicitor will suffice regardless of whether they are based in Berrylands
I have had difficulty in negotiating a lease extension in Berrylands. Can the Leasehold Valuation Tribunal adjudicate on premiums?
if there is a absentee freeholder or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to calculate the price payable.
An example of a Lease Extension matter before the tribunal for a Berrylands residence is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.
Are there frequently found problems that you encounter in leases for Berrylands properties?
There is nothing unique about leasehold conveyancing in Berrylands. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:
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Service charge per centages that don't add up correctly leaving a shortfall Insurance obligations
You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Bank of Scotland, and Nottingham Building Society all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.
My wife and I are FTB’s just having agreed a price on a property in Berrylands, and are about to get solicitors appointed. We have utilised the different comparison tools and the quotes are from all over the country. Is it essential to have a Berrylands conveyancing practitioner local to your prospective new home? We are content to do all the communicating over the web, but I assume at some stage we may be required to physically go into the property lawyer's office to sign documents?
On the whole there is no requirement to physically visit the office of your lawyer, they can post any relevant contracts to you, which you can sign and return. Many buyers and sellers choose to use a locally based solicitor, but it's by no means essential for conveyancing in Berrylands.