Various online forums that I have frequented warn that are the main reason for obstruction in Cornwall house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published determinations of a review by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances in the conveyancing process. Searches are unlikely to feature in any holding up conveyancing in Cornwall.
Despite weeks of looking the Title Certificate and documents to my property are lost. The conveyancers who did the conveyancing in Cornwall 4 years ago have long since closed. Will I be able to sell the house?
As long as you have a registered title the information relating to your ownership will be recorded by HMLR under a Title Number. It is easy to execute a search at the Land Registry, find your house and order current copies of the property title for less than a fiver. Where the property is Leasehold then the Land Registry will usually hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for £20 inclusive of VAT.
About to purchase a new build flat in Cornwall. Conveyancing is necessary evil 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 legal work.
Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Cornwall
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Due to the encouragement of my in-laws I had a survey completed on a property in Cornwall prior to appointing lawyers. I have been told that there is a flying freehold element to the house. The surveyor advised that some mortgage companies may not give a loan on this type of property.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. If you e-mail us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Cornwall. Conveyancing will be smoother if you use a solicitor in Cornwall especially if they are familiar with such properties in Cornwall.
Do I need to be suspicious by 3rd parties that I am dealing with are encouraging me to use a nationwide conveyancing firm rather than a local Cornwall conveyancing practice?
As is the case with lots of professional services, often suggestions from family and friends can be extremely useful or valuable. Yet there are numerous parties with a keen interest in a conveyancing matter; estate agents, mortgage brokers and banks may suggest conveyancers to appoint. Sometimes these lawyers might be known to one of the organisations as experts in their field, but occasionally there behind the scenes commercial relationship behind the endorsement. You are free to appoint your preferred lawyer. You need to be aware that the majority of mortgage providers specify a panel list of lawyers you must use for the lender related work in your transaction.
I am on look out for some leasehold conveyancing in Cornwall. Before I get started I want to be sure as to the number of years remaining on the lease.
If the lease is recorded at the land registry - and almost all are in Cornwall - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Cornwall Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
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Who are the managing agents? How much is the ground rent and service charge?