I require conveyancing for a flat in a fairly new development (seven years built) in Deganwy. Almost all the appartments are already sold. Is it really necessary to order conveyancing searches for my conveyancing in Deganwy?
If you are acquiring a property with the assistance of a loan, your bank will need some (many) of the searches so you'll have no choice. If not, then Deganwy conveyancing searches are for you to decide upon. No doubt your conveyancer, will 'advise', perhaps in the strongest possible terms, that you should have the searches done, but he or she has a professional duty to do this. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you choose to instruct your lawyer to proceed without searches then your lawyer will have to follow your instructions or you may need to instruct a new lawyer for your conveyancing in Deganwy.
I am the registered owner of a freehold property in Deganwy yet charged rent, why is this and what is this?
It’s unusual for properties in Deganwy and has limited impact for conveyancing in Deganwy but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 is to be extinguished.
I purchased a 4 bedroom Georgian property in Deganwy. Conveyancing lawyer represented me and Skipton Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold under the exact same address. I'd like to know for sure, how can I find out??
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Deganwy and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with the conveyancing solicitor who completed the work.
I am buying a new build flat in Deganwy. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Deganwy
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Over the last few months I have been searching for a flat up to £245,000 and identified one round the corner in Deganwy I like with amenity areas and railway links nearby, the downside is that it's only got 49 remaining years left on the lease. I can't really find anything else in Deganwy for this price, so just wondered if I would be making a grave error buying a lease with such few years left?
If you require a mortgage that many years may be problematic. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for at least twenty four months you may request that they commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this matter.
All being well we will complete our sale of a £400,000 maisonette in Deganwy in 5 days. The landlords agents has quoted £300 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Deganwy?
Deganwy conveyancing on leasehold maisonettes typically results in fees being levied by management companies :
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Completing pre-exchange questions
Where consent is required before sale in Deganwy
Supplying insurance information
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Deganwy Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
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Please note if it is fewer than 80 years it will have adverse implications on the value of the property. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will most likely need a lease extension sooner rather than later and it is worth discovering what this will be. Remember, in most cases you will be required to have owned the property for two years before you are legally able to extend the lease. How is the lease structured? In the main the cost for major works are not included within maintenance charges, although a few managing agents in Deganwy obliged tenants to contribute towards a reserve fund created for the specific purpose of establishing a fund for larger works.