It is 10 years ago since I acquired my property in Cranford. Conveyancing solicitors have now been instructed on the sale but I am unable to find my title deeds. Will this jeopardise the sale?
You need not be too concerned. Firstly the deeds may be kept by the mortgage company or they may still be with the lawyers who acted in the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in Cranford involves registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.
I have an AIP. The lender mentioned the loan came with free conveyancing. Is the implication that I have to appoint their panel solicitor as I would prefer to use a Cranford based conveyancing firm?
Do check but the the probability is that give you one of their panel solicitors if you want the "fee-free" offer. Contact the lender to explore if they offer you a monetary alternative. Some banks have previously offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Cranford.
Despite weeks of looking the Title Certificate and documents to my property are lost. The solicitors who did the conveyancing in Cranford 10 years ago are no longer around. Will I be able to sell the house?
In today’s world there are copies made of almost everything, and your conveyancer should be aware precisely where to find all the relevant paperwork so you may purchase or dispose of your house without a hitch. If duplicates can’t be located, your conveyancer may be able to arrange cover in the form of insurance or indemnities against possible claims on the premises.
How does conveyancing in Cranford differ for new build properties?
Most buyers of new build residence in Cranford contact us having been asked by the developer to exchange contracts and commit to the purchase even before the premises is built. This is because builders in Cranford typically purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Cranford or who has acted in the same development.
I opted to have a survey carried out on a house in Cranford ahead of retaining conveyancers. I have been informed that there is a flying freehold element to the house. My surveyor advised that some lenders will refuse to issue a loan on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. If you call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Cranford. Conveyancing will be smoother if you use a solicitor in Cranford especially if they are accustomed to such properties in Cranford.
My husband and I may need to sub-let our Cranford ground floor flat for a while due to taking a sabbatical. We used a Cranford conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?
Your lease dictates relations between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Cranford do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.
Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Cranford. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the sum to be paid.
An example of a Freehold Enfranchisement matter before the tribunal for a Cranford premises is 164 Nestles Avenue in October 2013. The tribunal agreed with the proposed price of £20,158 for the freehold and determined that that sum is the amount to be paid into court This case was in relation to 2 flats. The unexpired lease term was 69 years.