What is the first thing I need to know about purchase conveyancing in Box?
You may not hear this from too many lawyers but conveyancing in Box and elsewhere in Wiltshire is an adversarial experience. Put another way, when it comes to conveyancing there exists an abundance of room for conflict between you and others involved in the legal transfer of property. For instance, the vendor, estate agent and even potentially the lender. Choosing a lawyer for your conveyancing in Box is a critical decision as your conveyancer is your adviser, and is the SOLE party in the legal process whose interest is to protect your legal interests and to keep you safe.
We are witnessing a worrying ongoing adversarial element to conveyancing- someone must be at fault for the process being so protracted. You your first instinct should be to trust your conveyancer above the other players when it comes to the legal transfer of property.
We are purchasing a victorian detached house in Box. The intention is to carry out an extension to the side at the house.Will the conveyancing process include investigations to see if these works are prohibited?
Your solicitor should check the registered title as conveyancing in Box can on occasion identify restrictions in the title deeds which prevent certain alterations or necessitated the consent of another owner. Certain works need local authority planning permissions and approval under the building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these issues with a surveyor prior to committing yourself to a purchase.
I am the single recipient of my late grandmother’s will with all property in now in my sole name, including the my former home in Box. The Box property was put into my name in October. I plan to dispose of the property. I understand that there is a CML 6 month 'rule', meaning my property ownership could be treated the same way as though I had purchased the house in October. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. many banks would take a sensible view as this clause primarily exists to capture the purchase and immediately sell or the flipping of properties.
I recently had an offer accepted on an apartment in Box. My mortgage broker recommended their conveyancers. I paid an upfront payment of £150. Shortly after, the conveyancer contacted me to say that they were not on the Coventry BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Coventry BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have been told that property searches are the main cause of delay in Box house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of delays in the conveyancing process. Searches are unlikely to be the root cause of holding up conveyancing in Box.
Are there restrictive covenants that are commonly identified during conveyancing in Box?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Box. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the input of my in-laws I had a survey completed on a house in Box before instructing lawyers. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some mortgage companies tend refuse to give a loan on this type of premises.
It depends who your proposed lender is. HSBC has different instructions for example to Halifax. Should you wish to telephone us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Box. Conveyancing will be smoother if you use a solicitor in Box especially if they are familiar with such properties in Box.
Completion is due on the disposal of our £150,000 garden flat in Box on Monday in a week. The management company has quoted £324 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Box?
Box conveyancing on leasehold flats nine out of ten times involves fees being invoiced by management companies :
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Addressing pre-exchange questions
Where consent is required before sale in Box
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Box - Examples of Queries Prior to Purchasing
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Does this lease have more than 80 years unexpired? What restrictions are contained in the Box Lease? How much is the ground rent and service charge?