It is 10 years ago since I acquired my house in Chipstead. Conveyancing solicitors have recently been retained on the sale but I am unable to track down the title deeds. Is this a major issue?
You need not be too concerned. First the deeds may be with the lender or they may stored with the conveyancers who oversaw the purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in Chipstead involves registered property but in the unlikely event that your property is unregistered it adds to the complexity but is resolvable.
When it comes to mortgage companies such as Virgin Money, do Chipstead solicitors incur an annual charge to be on the conveyancing panel?
We are not aware of any mortgage company fees to be on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel submission.
I am currently in the process of buying my council flat in Chipstead. I have a mortgage agreed with Santander. 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 use 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 Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
I am due to exchange contracts on my apartment. I had a double glazing fitted in January 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Bank of Ireland are being difficult. The Chipstead solicitor who is on the Bank of Ireland conveyancing panel is recommending indemnity insurance as a solution but Bank of Ireland are requiring a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I note that there are debates on Chancel Insurance on online forums. Do I need this when buying a house in Chipstead? or I am told that there is an ancient law that means some house owners living in a parish church boundary will be compelled to contribute towards maintenance to the chancel in proximity to the church. Is this relevant for conveyancing in Chipstead?
Unless a previous purchase of the premises completed after 12 October 2013 you could expect lawyers carrying out conveyancing in Chipstead to continue to suggest a chancel search and or insurance against a claim.
Due to the encouragement of my in-laws I had a survey completed on a house in Chipstead prior to instructing solicitors. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies will not grant a mortgage on a flying freehold property.
It depends who your proposed lender is. HSBC has different requirements from Nationwide. If you call us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Chipstead. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Chipstead to see if the conveyancing will be more expensive.
What are your top tips when it comes to choosing a Chipstead conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Chipstead conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Chipstead conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be of use:
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If the firm is not ALEP accredited then why not? Can they put you in touch with clients in Chipstead who can give a testimonial?
After years of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Chipstead. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
in cases where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to determine the sum to be paid.
An example of a Freehold Enfranchisement case for a Chipstead premises is 223 Brighton Road in September 2013. The premium payable for the acquisition freehold of the properties should be £10,934 (Ten thousand,nine hundred and thirty four pounds) This case related to 3 flats. The number of years remaining on the existing lease(s) was 75 years.
My husband and I are buying a three bedroom housein Chipstead with a loan from a lender. We would like to retain our lawyer in Chipstead however our mortgage company advise he's not approved on their "panel". We have to appoint one of the our mortgage company panel solicitors or keep our Chipstead solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that our mortgage company use our Chipstead lawyer?
Unfortunately,no. The bank mortgage issued is subject to conditions, one of which will be that lawyers will on the lender's conveyancing panel. Until recently, most banks had open panels, including many conveyancing solicitors in Chipstead : a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for your lender.