Completed the sale of my flat in Brough last August but our buyer keeps Skype messaging me to moan that their lawyer is waiting to hear from mine. What should have happened now that I have sold?
After completion of your house sale your lawyer is duty bound to deliver the transfer deeds and all of the paperwork to the buyer’s conveyancer. Where relevant, your solicitor should also confirm that the home loan has been repaid to the purchasers lawyers. There is unlikely to be post completion steps unique to conveyancing in Brough.
I have a renovated Victorian property in Brough. Conveyancing lawyer acted for me and Godiva Mortgages Ltd. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold under the matching property. Is it worth asking Godiva Mortgages Ltd to clarify?
You need to review 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Brough and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the position with your conveyancing lawyer who conducted the conveyancing.
How does conveyancing in Brough differ for newly converted properties?
Most buyers of new build property in Brough come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is built. This is because developers in Brough typically 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 property lawyers 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 Brough or who has acted in the same development.
I opted to have a survey completed on a property in Brough prior to appointing conveyancers. I have been told that there is a flying freehold aspect to the property. My surveyor advised that some mortgage companies tend refuse to issue a mortgage on this type of home.
It varies from the lender to lender. Santander has different instructions from Birmingham Midshires. If you e-mail us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Brough. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Brough to see if the conveyancing will be more expensive.
Back In 2000, I bought a leasehold house in Brough. Conveyancing and Barclays mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Brough who previously acted has now retired. What should I do?
The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Brough conveyancing firm to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Brough Leasehold Conveyancing - Examples of Questions you should consider before buying
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How is the lease structured? The best form of lease structure is a share of the freehold. In this scenario the lessees enjoy being in charge if their destiny and although a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent employed by the leaseholders. Its a good idea to discover as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to daily matters such as the cleanliness of the communal areas. Ask other people whether they are happy with their management. On a final note, find out the dates that the service fees are due to the appropriate party and precisely what you get for your money.
How does one as executor remove a departed person's details from the title register for a property in Brough?
If a Brough property is co-owned and one of the owners dies, the name will not immediately be removed from the Land Registry title. It is not necessary to amend the title as in the event of a disposal you would simply need to supply proof why the co proprietor is missing from the conveyance, such as a grant of probate.
With a view to making things simpler in the future you may apply to have the deceased name removed from the title register by submitting an application to HMLR with proof of the death. There is no land registry fee payable.