A colleague informed me that in buying a property in Eye there could be a number of restrictions preventing external alterations to the property. Is this right?
There are anumerous of properties in Eye which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Eye should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I'm the single recipient of my late grandmother’s will with all property in now in my sole name, including the house in Eye. Conveyancing formalities meant that the Land Registry date was in April. I want to move. I do know about the CML 6 month 'rule', meaning my property ownership could be regarded the same way as though I had purchased the property in April. Will no one buy the property for half a year?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. Some lenders would take a sensible view as this obligation is principally there to capture subsales or the quick reselling of properties.
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Eye bank branch on various occasions and was told they are content with the situation and they would lend. My Eye conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend in accordance with their published requirements. I simply don't know who is right.
As long as the property lawyer is on the mortgage company approved list, she or he must follow the Council of Mortgage Lenders’ Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the bank 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 lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I decided to have a survey carried out on a house in Eye before appointing conveyancers. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some mortgage companies may not give a mortgage on such a premises.
It varies from the lender to lender. HSBC has different instructions from Nationwide. If you e-mail us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Eye. Conveyancing will be smoother if you use a solicitor in Eye especially if they are accustomed to such properties in Eye.
How do I use your search facility to get a costs illustration from a conveyancing practitioner in Eye on the approved list for my mortgage?
First select a bank such as HSBC Bank, Barnsley Building Society or Britannia then choose your location for instance Eye. Conveyancing organisations in Eye and across England and Wales should be identified.
We are a couple of weeks into a freehold purchase having been recommend to solicitors by the estate agent to perform conveyancing in Eye. We are not happy. Can you you assist me in finding new conveyancers?
A lawyer would have to be very poor to suggest diss instructing them. Has the loan offer been generated? If so you must advise them of the new solicitor and ensure the offer are re-sent. The solicitor ideally needs to be on the lenders approved list to avoid added costs and frustration. So that should be your starting point. Our search tool should help you find a bank approved conveyancer for your home move in Eye
I only have Fifty years remaining on my flat in Eye. I now wish to extend my lease but my freeholder is absent. What are my options?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the freeholder. On the whole a specialist may be useful to try and locate and prepare a report to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Eye.
Leasehold Conveyancing in Eye - A selection of Questions you should ask before buying
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Who manages the block? What is the the remaining lease term? You should be aware if it is fewer than 80 years it will affect the marketability of the flat. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will most likely have to extend the lease at some point and it is worth discovering how much this would cost. Remember, in most cases you will be required to have been the owner of the premises for a couple of years before you are entitled to extend the lease.
We are in the process of purchasing a apartment in Eye. Conveyancing is not complete but we wish to keep the amount we are are purchasing for a secret from the likes of Zoopla. How can this be done?
The Land Registry by statute are obliged to note price sold data on the official title for domestic properties countrywide which includes premises in Eye. The register of title is an open document, so HM Land Registry would be breaking the law if they did not allow access to the register.
You can make a request of the Land Registry to hide the price paid data yet the answer will be a No.