My wife and I are purchasing a brand new duplex in Borrowash and my solicitor is informing me that she has to the bank to disclose incentives from the developer. I am under pressure to exchange and I don't want to prolong deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
What does a local search reveal concerning the property we're buying in Borrowash?
Borrowash conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search organisations for example Xpress Legal The local search is essential in every Borrowash conveyancing purchase; that is if you don’t want any unpleasant surprises after you move into your new home. The search should provide data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
I purchased a 4 bedroom Edwardian property in Borrowash. Conveyancing solicitor represented me and Platform Home Loans Ltd. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold under the exact same address. 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 as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Borrowash 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 buyers. You can also enquire as to the position with your conveyancing solicitor who carried out the work.
How does conveyancing in Borrowash differ for newly converted properties?
Most buyers of new build property in Borrowash come to us having been asked by the seller to exchange contracts and commit to the purchase even before the house is built. This is because builders in Borrowash tend to purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Borrowash or who has acted in the same development.
What does commercial conveyancing in Borrowash cover?
Borrowash conveyancing for business premises covers a broad range of services, supplied by qualified solicitors, relating to business premises. By way of example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of tenancies.
I am an executor of my recently deceased mum’s Will, with a house in Borrowash which is to be sold. The house is unregistered at the Land Registry and I'm advised that some purchasers will insist that it is completed before they will move forward. What's the mechanism for this?
In the circumstances that you have set out it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.