I have a decision in principle. The bank mentioned the loan came with free conveyancing. Is the implication that I have to use their panel lawyer as I would much rather instruct a specialised conveyancing solicitor in Downe?
Do check but the the probability is that appoint one of their panel solicitors where you accept the "fee-free" incentive. Call the lender and check if they make available a monetary alternative. Some lenders 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 Downe.
Will my conveyancer be making enquiries concerning flooding during the conveyancing in Downe.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Downe. Some people will acquire a house in Downe, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to offer advice on flood risk, however there are a various searches that can be carried out by the buyer or by their solicitors which can give them a better understanding of the risks in Downe. The standard information sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the owner to discover whether the property has suffered from flooding. In the event that flooding has previously occurred which is not notified by the seller, then a buyer may bring a compensation claim as a result of such an incorrect answer. The purchaser’s solicitors may also carry out an enviro search. This will reveal whether there is any known flood risk. If so, further inquiries should be made.
Due to the guidance of my in-laws I had a survey completed on a house in Downe prior to retaining solicitors. I have been told that there is a flying freehold element to the property. The surveyor has said that some lenders will refuse to issue a mortgage on this type of property.
It varies from the lender to lender. Santander has different instructions from Nationwide. If you e-mail us we can look into this further via 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 Downe. Conveyancing may be slightly more expensive based on your lender's requirements.
My father-in-law has encouraged me to instruct his conveyancers in Downe. Should I use them?
No doubt the ideal way to choose a conveyancing lawyer is to have recommendations from friends or family who have actually used the conveyancer that you are are thinking of instructing.
I own a leasehold flat in Downe. Conveyancing and National Westminster Bank mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Downe who previously acted has now retired. What should I do?
First contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Downe conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
After months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Downe. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most definitely. We are happy to put you in touch with a Downe conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Downe flat is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The unexpired term as at the valuation date was 50.57 years.
My plan is to acquire a ground floor flat in Downe. Conveyancing lawyer has been waiting for, from the seller, building insurance paperwork. This morning I was informed that the vendor must forward the insurance documents for the flat above as well. Why does my conveyancer want to review the insurance for the flat above? Is it strictly required? We have been in hold for the last month…
It is not impossible in leasehold conveyancing in Downe to find Conveyancing in Downe in a minority of cases reveals that the lease requires the leasehold owners to insure their individual flats rather than the freeholder insuring the whole property - which is definitely preferable. Do clarify with your conveyancer but it would appear that your solicitor is seeking to establish that the complete building is insured. Insuring a ground floor residence is no help when it comes to rebuilding after a fire if the 1st floor cannot be reinstated for lack of insurance.