My fiance and I are hoping to purchase a flat in Emerson Park and are in fact using a Emerson Park conveyancing firm. Within the last couple of days our conveyancer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Yorkshire Building Society have this afternoon contacted us to inform me that there is now an issue as our Emerson Park lawyer is not on their approved list of lawyers. Is this a problem?
When purchasing a property with the benefit of a mortgage it is normal for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Emerson Park lawyers, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
Finally the sale completed on my house in Emerson Park last July but our buyer keeps telephoning me to say her solicitor needs to hear from mylawyer. What should have happened now that I have sold?
Following your disposal your conveyancer should deliver the transfer deeds and all of the paperwork to the purchaser's lawyers. Depending on the transaction, your lawyer should also send confirmation that the legal charge in favour of the lender has been repaid to the buyers lawyers. There is unlikely to be post completion tasks peculiar conveyancing in Emerson Park.
Just had an offer accepted on a new build flat in Emerson Park. Conveyancing is necessary evil 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 conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Emerson Park
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please confirm the Lease plans are surveyor prepared. There must be mutual enforceability of lessee’s covenants.
Due to the guidance of my in-laws I had a survey completed on a property in Emerson Park prior to appointing conveyancers. I have been informed that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies tend not grant a loan on this type of house.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Emerson Park. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Emerson Park to see if the conveyancing costs will increase in light of this.
Having had my offer accepted I require leasehold conveyancing in Emerson Park. Before I get started I would like to find out the number of years remaining on the lease.
If the lease is recorded at the land registry - and 99.9% are in Emerson Park - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I have attempted and failed to negotiate with my landlord to extend my lease without any joy. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Emerson Park conveyancing firm to assist?
Absolutely. We are happy to put you in touch with a Emerson Park conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Emerson Park property is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The unexpired residue of the current lease was 57.5 years.
My husband and I have just found out that one of the partners of the solicitors handling the purchase conveyancing in Emerson Park is an uncle of the vendor. Is this acceptable?
On the basis that there is no conflict of interest this is allowable. Where you are requiring mortgage finance then the mortgage company may have a say as many mortgage companies have specific instructions on this. For example for Lloyds TSB Scotland as of 24/3/2025, the requirements read as follows :