I require conveyancing for an apartment in a relatively new development (seven years old) in Burslem. The vast majority the properties have already been sold. Is it really necessary to order neighbourhood searches for my conveyancing in Burslem?
A big part of the Burslem conveyancing process is the conveyancing searches. There are numerous companies conducting Burslem conveyancing searches, as well straight from the local authority. These are usually referred to as personal search providers and they produce, not surprisingly, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must secure their information from the local authority.
I am the registered owner of a freehold premises in Burslem yet pay rent, why is this and what is this?
It’s unusual for properties in Burslem and has limited impact for conveyancing in Burslem 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 date back hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
This question may be naive but I am unseasoned as a first time buyer of a two bedroom flat in Burslem. Do I collect the keys to the premises on the completion date from my lawyer? If this is the case, I will find a High Street conveyancing solicitor in Burslem?
On the day of completion you will not be required to attend the conveyancers office in Burslem. Conveyancing lawyers for you will arrange to send the purchase money to the seller's lawyers, and once they have received this, you should be able to collect the keys from the selling Agents and move into your new home. Usually this happens between 1 and 3pm.
I am currently in the process of buying my council flat in Burslem. I have a mortgage agreed with HSBC. Conveyancing is new to me. 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 HSBC, you will need to appoint a solicitor on the HSBC conveyancing panel.
After shopping around on the internet I have found a Burslem solicitor having made sure that they are on the Nottingham conveyancing panel. Does my lawyer arrange the survey of the property?
Nottingham will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nottingham will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Burslem surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
The estate agent has sent us the confirmation of our purchase of a new build flat in Burslem. 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.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Burslem
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Please confirm the Lease plans are architect prepared. Forfeiture - bankruptcy or liquidation must not apply under this provision.
I decided to have a survey carried out on a property in Burslem in advance of appointing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor advised that some mortgage companies tend not grant a loan on such a property.
It depends who your proposed lender is. Santander has different instructions for example to Halifax. If you call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Burslem. Conveyancing will be smoother if you use a solicitor in Burslem especially if they are familiar with such properties in Burslem.
My father-in-law has encouraged me to use his lawyers for conveyancing in Burslem. Do I follow his recommendation?
No doubt the ideal way to choose a conveyancing lawyer is to seek feedback from friends or family who have experience in using the solicitor that you are are thinking of instructing.