My wife and I are buying a apartment in Canonbury. I might seem paranoid but how we can trust a lawyer? At some point we have to send our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
is it true that all Canonbury conveyancing solicitors on the RBS conveyancing panel are governed by the SRA?
As solicitors, in order to be on the RBS conveyancing panel they would need to be regulated by the SRA. Many banks do permit licenced conveyancers on their panel in which case such practice would be overseen by the Council of Licensed Conveyancers.
At last I have had an offer on an apartment in Canonbury agreed to, the owners do however have a dependent purchase. The vendors have offered on a flat, but it’s not yet tied up, and have viewings of other properties booked. I have instructed a bricks and mortar conveyancing solicitor in Canonbury. What do I do now? At what stage do I apply for the mortgage with Skipton?
It is understandable to have concerns where there is a chain as you are unlikely to want to be too out of pocket prematurely (mortgage application is approx £1k, then survey, Canonbury conveyancing search fees, etc). First, you must ensure that your lawyer is on the Skipton approved list. Concerning the subsequent stages this very much depends on the circumstances of your case, desire for this property and on the state of the market. During a rising market some buyers will apply for a home loan with Skipton and pay for the valuation and only if it comes back ok would they ask their conveyancing practitioner to press on with the conveyancing in Canonbury.
Should our conveyancer be making enquiries about flooding during the conveyancing in Canonbury.
Flooding is a growing risk for solicitors carrying out conveyancing in Canonbury. Plenty of people will purchase a property in Canonbury, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, but there are a various searches that can be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Canonbury. The standard completed inquiry forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the owner to find out whether the property has historically flooded. If the premises has been flooded in past which is not notified by the vendor, then a purchaser may bring a claim for damages resulting from an inaccurate reply. The buyer’s conveyancers will also order an enviro search. This will indicate if there is any known flood risk. If so, more detailed investigations should be initiated.
Are there restrictive covenants that are commonly identified as part of conveyancing in Canonbury?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Canonbury. 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…’
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a quick, no chain conveyancing. Canonbury is the location of the property. Is there any advice you can give?
Flying freeholds in Canonbury are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Canonbury you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Canonbury may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
There are only 62 years left on my lease in Canonbury. I need to extend my lease but my landlord is missing. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to find the lessor. For most situations an enquiry agent would be helpful to try and locate and to produce a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court overseeing Canonbury.
I have attempted and failed to negotiate with my landlord for a lease extension without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Canonbury conveyancing firm to represent me?
in cases where there is a missing freeholder or if there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to determine the price.
An example of a Lease Extension matter before the tribunal for a Canonbury residence is 5C Stoke Newington Road in April 2010. the Tribunal therefore concludes that the premium to be paid for the extended lease is £700.00 This case related to 1 flat. The unexpired term was 80.5 years.
We are in the process of buying a property in Canonbury. Conveyancing is not complete but we wish to have our transaction price confidential from the likes of Nestoria. what can I do to ensure this is not noted?
HMLR as a matter of law required to note price sold data on the official title for residential properties countrywide which includes properties in Canonbury. The Title Register is an open document, so the Land Registry would be breaking the law if they failed to grant access to the register.
In essence you can make a request of HM Land Registry to withhold the price paid entry however the answer would be a No.