It is 10 years ago since I acquired my property in Elmstead. Conveyancing solicitors have now been instructed on the sale but I am unable to locate the deeds. Is this a major issue?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by the lender or they may be in the possession of the solicitor who acted in your purchase. Secondly the chances are that the property will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. Nearly all conveyancing in Elmstead relates to registered property but in the unlikely event that your property is unregistered it is more of a problem but is resolvable.
We are buying a detached bungalow in Elmstead. We would like to an extension at the rear at the house.Will the conveyancing process involve checks to determine if these works are allowed?
Your solicitor will check the deeds as conveyancing in Elmstead can occasionally identify restrictions in the title documents which prevent certain works or necessitated the consent of a 3rd party. Certain additions call for local authority planning consent and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be sensible to check these issues with a surveyor ahead of any purchase.
Is it the case that all Elmstead solicitor firms on the Co-operative conveyancing panel are overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Co-operative conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Some mortgage companies do permit licenced conveyancers on their panel and in such a situation the firms would be governed by the Council of Licensed Conveyancers.
I can not work out if my mortgage offer requires a lease extension. I have telephoned my Elmstead building society branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My Elmstead conveyancing solicitor - who is on the bank conveyancing panel- called and was told they would not lend based on their published requirements. I have no idea who is right.
The lawyer has to follow the CML Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Are there restrictive covenants that are commonly identified during conveyancing in Elmstead?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Elmstead. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am buying a new build flat in Elmstead. Conveyancing is daunting 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.
Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Elmstead
-
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what should have been a straight forward, chain free conveyancing. Elmstead is where the house is located. Can you offer any guidance?
Flying freeholds in Elmstead are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Elmstead you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Elmstead may determine 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 premises.
What advice can you give us when it comes to finding a Elmstead conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Elmstead conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with two or three firms including non Elmstead conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be of use:
-
What are the costs for lease extension conveyancing? What volume of lease extensions has the firm completed in Elmstead in the last year?
Having spent years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Elmstead. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We are happy to put you in touch with a Elmstead conveyancing firm who can help.
An example of a Lease Extension case for a Elmstead property is 70 Andace Park Gardens 133-149 Widmore Road in November 2013. Tribunal determined that the premium payable for the lease extension was £10,052 This case was in relation to 1 flat. The unexpired lease term was 72 years.