We are selling our flat in Carlton. Does my lawyer have to be on the Kent Reliance conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Kent Reliance conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently currently.
What will a local search reveal regarding the property my wife and I purchasing in Carlton?
Carlton conveyancing often commences with the applying for local authority searches directly from your local Authority or via a personal search organisations such as Searchflow The local search is essential in every Carlton conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your property. The search should reveal information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
I have a renovated Edwardian property in Carlton. Conveyancing lawyer represented me and Birmingham Midshires. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold under the matching address. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Carlton and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with the conveyancing lawyer who conducted the work.
I am buying a new build apartment in Carlton. 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 are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Carlton
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
My husband and I are four weeks into a freehold purchase having been directed to a firm by the high street agent to handle our conveyancing in Carlton. We are not happy. Can you help me find new solicitors?
A lawyer would need to be very poor to suggest changing them. Has your loan offer been sent? If so you will need to make them aware of the new contact details and have the mortgage documents are re-issued. Your solicitor ideally needs to be on the lenders panel to avoid supplemental expenses and complications. That should be your first question of the new solicitors. The search tool will help you find a bank approved lawyer for your conveyancing in Carlton
Can you offer any advice when it comes to choosing a Carlton conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Carlton conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Carlton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be useful:
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Can they put you in touch with clients in Carlton who can give a testimonial? If the firm is not ALEP accredited then why not?
Carlton Leasehold Conveyancing - A selection of Queries before Purchasing
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How many of the leaseholders are in arrears for their service charge payments? The best form of lease arrangement is where the freehold interest is owned by the leaseholders. In this situation the lessees benefit from being in charge if their destiny and notwithstanding that a managing agent is often employed if the building is bigger than a house conversion, the managing agent is directed by the tenants. Where a Carlton lease has fewer than 80 years it will affect the value of the apartment. It is worth checking with your mortgage company that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will probably need a lease extension at some point and it is worth discovering what this will be. Remember, in most cases you would be be obliged to have been the owner of the property for two years in order to be legally able to extend the lease.