Is the fact that my solicitor in Braunstone is not listed on my lender's solicitor panel that there is a problem with the quality of her work?
It would be unwise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should simply call the Braunstone conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
I am acquiring a property without a mortgage in Braunstone. I have lived for the previous twelve years in Braunstone. Conveyancing searches are a lot of money. As I have knowledge of the area and road very well must I have all the conveyancing searches?
In the absence of a mortgage, then almost all of the Braunstone conveyancing searches are non-obligatory. Your conveyancer will try and sway you, perhaps strongly, that you should have searches done, but she is duty bound to do this. One thing to take into account; if you are likely to sell the house one day, it will likely be be of importance to your prospective buyer what the searches reveal. On occasion premises with apparent issues can still show up adverse search results. A good conveyancing solicitor in Braunstone should provide you some constructive guidance here.
I own a freehold house in Braunstone yet pay rent, why is this and what is this?
It’s unusual for properties in Braunstone and has limited impact for conveyancing in Braunstone 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 have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
Will our solicitor be raising questions about flooding as part of the conveyancing in Braunstone.
Flooding is a growing risk for conveyancers specialising in conveyancing in Braunstone. Some people will acquire a house in Braunstone, fully expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Solicitors are not best placed to impart advice on flood risk, however there are a number of searches that can be carried out by the buyer or by their conveyancers which can figure out the risks in Braunstone. The standard property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual question of the seller to find out if the premises has suffered from flooding. In the event that flooding has previously occurred which is not notified by the vendor, then a purchaser could issue a compensation claim stemming from an misleading response. A buyer’s lawyers should also conduct an enviro search. This should reveal whether there is any known flood risk. If so, further inquiries should be conducted.
I am buying a new build apartment in Braunstone. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Braunstone
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please supply a car parking plan. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants.
Can you offer any advice when it comes to appointing a Braunstone conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Braunstone conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Braunstone conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be useful:
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If they are not ALEP accredited then why not? Can they put you in touch with clients in Braunstone who can give a testimonial?
Leasehold Conveyancing in Braunstone - A selection of Questions you should consider before buying
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This information is helpful as a) areas can cause problems in the building as the communal areas may start to deteriorate if services are not paid for b) if the tenants have a dispute with the managing agents you will wish to have complete disclosure Generally speaking the cost for major works are not included within maintenance charges, although there some managing agents in Braunstone require leasehold owners to contribute towards a sinking fund and this is used to offset against major works. You should want to discover as much as you can about the company managing the building as they will either make your living at the property much simpler or problematic. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to every day matters like the upkeep of the communal areas. You should not be shy to ask prospective neighbours if they are happy with them. On a final note, find out the dates that you are obliged pay the service charge to the relevant party and precisely how they are spending the funds.