I require conveyancing for an apartment in a fairly new development (6 years built) in Buckinghamshire. 95% of the appartments are already disposed of. Do I need carry out the neighbourhood searches as part of conveyancing in Buckinghamshire?
You are putting yourself at risk in not carrying out Buckinghamshire conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal requirement to have them, but we would strongly advise in no uncertain terms that your solicitor conducts them. Where accelerating the process and price are primary concerns you should discuss with your lawyer about the option of search insurance
I have been advised by my conveyancer that defective lease insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Buckinghamshire?
The appropriate level of defective lease indemnity insurance should be dictated by who who your lender is. It would differ for example between Birmingham Midshires and The Mortgage Works. Conveyancing practitioners as opposed to members of the public take out such policies.
My wife and I are at the point of viewing apartments in Buckinghamshire and I am now considering a potential offer. Is it premature to have a solicitor in place? I am planning to take a home loan with Clydesdale.
You should start obtaining conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the selling agent. As you are obtaining a mortgage with Clydesdale, ask your prospective lawyers if they are on the Clydesdale conveyancing panel otherwise they can't do the mortgage legal work.
I have decided to exercise my right to buy my property in Buckinghamshire off the council. I have a mortgage offer with Coventry BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Coventry BS, you will need to appoint a solicitor on the Coventry BS conveyancing panel.
The deeds to my house are lost. The conveyancers who handled the conveyancing in Buckinghamshire 10 years ago no longer exist. What do I do?
Gone are the days when you need to hold title deeds to prove you are the owner of your registered land or premises, as the Land Registry hold details of all registered land or property electronically.
I opted to have a survey carried out on a house in Buckinghamshire prior to retaining lawyers. I have been advised that there is a flying freehold element to the property. Our surveyor advised that some mortgage companies will refuse to grant a loan on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions from Halifax. Should you wish to telephone us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Buckinghamshire. Conveyancing may be slightly more expensive based on your lender's requirements.
My uncle has suggested that I use his conveyancers in Buckinghamshire. Do I take his recommendation?
Much as we are happy to recommend a Buckinghamshire conveyancing lawyer the ideal way to select a conveyancing solicitor is to get guidance from friends or family who have experience in using the solicitor that you are considering.
I am employed by a reputable estate agency in Buckinghamshire where we have witnessed a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Buckinghamshire conveyancing firms. Please can you clarify whether the vendor of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Buckinghamshire Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
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Is there a share of the freehold? Does the lease have onerous restrictions?