I am considering applying for a Coventry BS mortgage for purchase of a new build (under development) in Brook Green with 65 per cent LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Coventry BS ?
There is nothing to stop you using your solicitor, but Coventry BS will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
I'm the single recipient of my late father’s will with all property in now in my sole name, including the my former home in Brook Green. Conveyancing formalities meant that the Land Registry date was in October. I plan to dispose of the house. I do know about the Mortgage Lenders 6 month 'rule', which means that my property ownership could be considered the same way as if I'd bought the house in October. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How practical a view banks take of it, depend on the lender as this clause primarily exists to pick up on the purchase and immediately sell or the quick reselling of property.
Is it the case that all Brook Green solicitors on the Skipton conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Skipton conveyancing panel they would need to be regulated by the SRA. Many mortgage companies do permit licenced conveyancers on their panel in which case such practice would be overseen by the CLC.
I have paid off my mortgage with Kent Reliance. I assume I don't need a Brook Green solicitor on the Kent Reliance panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Kent Reliance mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Kent Reliance mortgage from the register. Kent Reliance, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Kent Reliance has sent the Land Registry the discharge electronically, and
- Kent Reliance has instructed the Land Registry to do so
Are there restrictive covenants that are commonly identified during conveyancing in Brook Green?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Brook Green. 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…’
The estate agent has sent us the confirmation of our purchase of a new build flat in Brook Green. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Brook Green
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. 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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
My business partner and I are intending to lease a unit on a shopping parade. Can you recommend solicitors offering no-move-no fees for non-domestic conveyancing in Brook Green for below 1500k?
We can recommend firms who have specialist knowledge of commercial conveyancing in Brook Green, including the sale and acquisition of businesses as well as simply premises. If you are hoping to purchase or lease a shop, pub, restaurant, office, retail unit or a complete business we can put you in touch with the right lawyer. Regarding the costs these will vary based on the structure and complexity of the deal. Please provide us with your details or call us so that we may supply you with a detailed commercial conveyancing quote.
I am an executor of my recently deceased mother’s Will, with a property in Brook Green which is to be marketed. The property has never been registered at the Land Registry and I'm advised that some buyers solicitors will insist that it is in place before they'll proceed. What's the procedure for this?
In the situation that you have set out it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’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 certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.