I am about to complete on the purchase of a property in Diss but as a consequence of wreckage from some water damage at the property I have managed to agree reparation from the vendor in the sum of £3k in the form of a deduction in the price. I had intended this to be addressed as part of amending the contract however Nottingham are not allowing this. Should they have been approached?
The conveyancer that is on a Nottingham approved list is obliged to disclose to Nottingham of any changes to the purchase price. If you were to refuse your conveyancer to notify the price change to Nottingham then they would have to discontinue acting for you. In addition, Nottingham and you would have to appoint a new property lawyer for your conveyancing in Diss.
I am the registered owner of a freehold house in Diss but nevertheless charged rent, why is this and what is this?
It’s unusual for properties in Diss and has limited impact for conveyancing in Diss 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 many centuries, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 will be extinguished.
I have been told that property searches are the primary cause of stalling in Diss house deals. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the determinations of a review by MoveWithUs that conveyancing searches do not figure amongst the top 10 causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of holding up conveyancing in Diss.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Diss is the location of the property. What do you suggest?
Flying freeholds in Diss are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Diss you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Diss may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Having checked my lease I have discovered that there are only 72 years unexpired on my lease in Diss. I need to get lease extension but my landlord is can not be found. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. For most situations an enquiry agent should be useful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Diss.
Leasehold Conveyancing in Diss - Sample of Queries before buying
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Is the freehold reversion owned collectively by the tenants? Its a good idea to discover as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the tidiness of the communal areas. Ask prospective neighbours whether they are happy with their service. Finally, find out the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money. How much is the ground rent and service charge?
My step-mother purchased her house in Diss Six years past. She has got married, divorced and has recently married again. She now intends to dispose of the Diss property. I think she will simply be requested to provide a copy of the marriage certificates to the lawyer but she is concerned it could frustrate the conveyancing. Is it worth updating the Land Registry documents for the property?
You are not required to update the register providing you have the proof required to show how the name change resulted.
Any purchaser’s conveyancing practitioner should examine the registered details and ask for evidence by way of proof of the change of name for example marriage certificates.