My aunt passed away six months ago and as sole heir and executor I was left the property in Chantry. The house had a relatively small loan left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Leeds Building Society, pay off the mortgage. Is this possible?
Where you plan to refinance then Leeds Building Society will insist on your using a conveyancer on the Leeds Building Society conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Leeds Building Society conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Leeds Building Society mortgage is registered as a charge at the Land Registry.
What does a local search inform me concerning the property we're purchasing in Chantry?
Chantry conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search organisations such as Xpress Legal The local search is essential in every Chantry conveyancing purchase; as long as you don’t want any unpleasant surprises after you move into your property. The search will supply information on, amongst other things, details on planning applications applicable to the premises (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 thirteen topic headings.
I am purchasing my first flat in Chantry benefiting from help to buy. The builders refused to move on the price so I negotiated five thousand pounds worth of extras instead. The house builders rep suggested that I not to tell my conveyancer about this deal as it will put at risk my loan with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the encouragement of my in-laws I had a survey completed on a property in Chantry in advance of instructing conveyancers. I have been advised that there is a flying freehold element to the house. The surveyor advised that some lenders may refuse to issue a mortgage on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Chantry. Conveyancing will be smoother if you use a solicitor in Chantry especially if they are familiar with such properties in Chantry.
My brother has recommend that I use his conveyancing solicitors in Chantry. Do I follow his guidance?
There are no two ways about it the ideal way to choose a conveyancing solicitor is to seek recommendations from friends or relatives who have used the firm that you are contemplating using.
I own a leasehold flat in Chantry. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Chantry who previously acted has now retired. What should I do?
The first thing you should do is contact HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Chantry conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Leasehold Conveyancing in Chantry - Examples of Queries before Purchasing
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What restrictions exist in the Chantry Lease? How is the lease structured? The majority of Chantry leasehold flats will be liable to pay a service bill for maintenance of the building invoiced by the landlord. Where you purchase the property you will have to pay this charge, normally quarterly accross the year. This may vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay yearly, normally this is not a significant figure, say about £25-£75 but you need to check as on occasion it can be many hundreds of pounds.