I know that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when acquiring a property in Esher? or I am told that there is a law dating back centuries that could mean that owners of property living in a parish church boundary may be liable to pay for maintenance to the chancel in proximity to the church. Is this a legitimate concern for conveyancing in Esher?
Unless a previous purchase of the premises completed post 12 October 2013 you may assume that lawyers conducting conveyancing in Esher to continue to advocate a chancel search and or chancel repair liability insurance.
Me and my brother own a semi-detached Georgian property in Esher. Conveyancing lawyer represented me and The Mortgage Works. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold under the matching property. I thought I was buying a freehold how can I check?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Esher and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the position with your conveyancing solicitor who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a quick, chain free conveyancing. Esher is where the house is located. Can you offer any assistance?
Flying freeholds in Esher are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Esher you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Esher 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.
I am looking to sell my house. My past conveyancers have shut. It would be helpful to have a recommendation of a conveyancing firm. Im based in Esher if that makes a difference.
You should use our search tool to help you find a solicitor for your conveyancing in Esher. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move goes smoothly.
As co-executor for the will of my aunt I am selling a property in Neath but live in Esher. My conveyancer (approximately 235 miles from meneeds me to sign a stat dec prior to completion. Could you suggest a conveyancing practitioner in Esher to witness and place their company stamp on the document?
strictly speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are Esher based
Do you have any top tips for leasehold conveyancing in Esher with the purpose of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Esher can be avoided if you instruct lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the buyers’ conveyancers. Some Esher leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers. You believe that you know the number of years left on your lease but it would be wise to double-check via your lawyers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. If you are supposed to have a share in the Management Company, you should make sure that you hold the original share certificate. Arranging a new share certificate is often a time consuming formality and frustrates many a Esher conveyancing deal. Where a reissued share is needed, do contact the company officers or managing agents (where applicable) for this sooner rather than later. If you have had conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unresolved.
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 Esher. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Most certainly. We can put you in touch with a Esher conveyancing firm who can help.
An example of a Lease Extension case for a Esher property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.