My fiancee and I are at the point of viewing houses in Empingham and I am about to put in an offer. Is it sensible to have a conveyancer on ‘stand by’? I intend to finance via a mortgage with Kent Reliance.
It would be prudent to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the EA. Given that you are obtaining a mortgage with Kent Reliance, ask your prospective lawyers if they are on the Kent Reliance conveyancing panel otherwise they can't do the mortgage legal work.
The mortgage over my property is with Santander for my property in Empingham. Conveyancing has been completed months ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Santander?
You must advise Santander in advance of renting your property as this is likely to be a breach of Santander’s mortgage conditions. It may be that Santander will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Santander directly. You need not do this via a Santander conveyancing panel firm.
I've digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Empingham solicitor - who is on the Skipton conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Skipton will need an independent valuation of the property. Your lawyer will not arrange this. Usually Skipton will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Empingham surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Should commercial conveyancing searches reveal impending roadworks that could impact a commercial premises in Empingham?
Its becoming the norm that commercial conveyancing solicitors in Empingham will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in investigating accurate data on highways that impact buildings and development assets in Empingham. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Empingham.
For every commercial conveyancing transaction in Empingham it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Empingham commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not ordered for residential conveyancing in Empingham.
Despite weeks of looking the Title Certificate and documents to our home are lost. The lawyers who dealt with the conveyancing in Empingham 5 years ago no longer exist. Will I be able to sell the house?
Gone are the days when you need to have the physical official documentation to prove you are the registered proprietor of land or property, as the Land Registry have everything they need in a digital format.
How does conveyancing in Empingham differ for new build properties?
Most buyers of new build premises in Empingham contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is built. This is because new home sellers in Empingham tend to buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Empingham or who has acted in the same development.
Am I right to be concerned about third parties that I am dealing with are suggesting a factory type conveyancing firm rather than a local Empingham conveyancing firm?
As with many service providers, often input from relatives can be worth their weight in gold. But there are many people with a vested interest in a conveyancing matter; estate agents, mortgage brokers and mortgage companies may recommend lawyers to choose. Sometimes these solicitors might be known to one of the organisations as being good in their field, but occasionally there is an underlying commercial relationship behind the endorsement. You have the right to select your preferred lawyer. However, bear in mind that many banks specify a panel list of conveyancers you are obliged to use for the mortgage related work in your home move.
My wife and I purchased a leasehold flat in Empingham. Conveyancing and Leeds Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Empingham who acted for me is not around. Do I pay?
The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Empingham conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Empingham Leasehold Conveyancing - Examples of Questions you should ask before Purchasing
-
It is important to be aware if redecorating or some other major work is due shortly that will be shared by the leasehold owners and could well dramatically increase the the service costs or require a specific invoice. What restrictions exist in the Empingham Lease? Who are the managing agents?