I am hoping to receive a offer of a home loan from Santander. I would like to retain the legal services of a Licensed Conveyancer in Boston. Does the Santander Solicitor panel include conveyancers regulated by the CLC?
The Santander approved solicitor list is, like many other lenders, associated to the CML or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
I purchased a freehold residence in Boston but still charged rent, why is this and what is this?
It’s unusual for properties in Boston and has limited impact for conveyancing in Boston but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
Will our solicitor be raising questions concerning flooding as part of the conveyancing in Boston.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Boston. Plenty of people will acquire a house in Boston, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, but there are a numerous searches that can be undertaken by the buyer or by their solicitors which will figure out the risks in Boston. The standard property information forms given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to find out whether the property has suffered from flooding. If the residence has been flooded in past which is not notified by the seller, then a purchaser may commence a claim for damages as a result of such an misleading response. A purchaser’s lawyers will also conduct an enviro report. This should disclose whether there is a recorded flood risk. If so, further inquiries will need to be conducted.
Due to the advice of my in-laws I had a survey completed on a property in Boston prior to instructing conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some banks may not grant a loan on such a property.
It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. If you e-mail us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Boston. Conveyancing will be smoother if you use a solicitor in Boston especially if they are familiar with such properties in Boston.
How difficult is it to transfer to a new firm as I need to choose a firm on the Platform Home Loans Ltd conveyancing list. I had appointed a high street conveyancing solicitor in Boston five minutes from me but the firm is not accepted by Platform Home Loans Ltd
We will our best to assist in finding you a conveyancing solicitor in Boston on the Platform Home Loans Ltd panel. Please note that the conveyancers that we on the directory do not pay us fee if you instruct them and are registered with the SRA who oversee all conveyancing solicitors in Boston. Using the find a conveyancing solicitor tool on this website, you can contrast costs for conveyancing solicitors in Boston and beyond.
Last July I purchased a leasehold flat in Boston. Do I have any liability for service charges for periods before my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Boston Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
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This question is helpful as a) areas could result in problems in the block as the common areas may start to deteriorate where maintenance remain unpaid b) if the leaseholders have an issue with the managing agents you will want to know about it How much is the ground rent and service charge?