Our lender has recommended solicitors on their panel based in Eynsham but I would rather instruct a conveyancing lawyer in Eynsham or nearer to where I live. Are you able to help?
Not all Eynsham conveyancing firms are approved and listed on all lender’s conveyancing panel. Please make the most of the above search tool to identify a Eynsham conveyancing solicitor on the on the mortgage company panel.
Do I need to take out insurance to address the risk of chancel repairs when buying a residence in Eynsham?
Unless a prior acquisition of the premises took place after 12 October 2013 you can expect solicitors handling conveyancing in Eynsham to continue to suggest a chancel search and or chancel repair liability policy.
I purchased a semi-detached Georgian house in Eynsham. Conveyancing solicitor acted for me and The Mortgage Works. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold with the exact same address. I'd like to know for sure, how can I find out??
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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Eynsham and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing practitioner who completed the work.
I am buying a new build flat in Eynsham. 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.
Set out below is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Eynsham
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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 control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Due to the advice of my in-laws I had a survey completed on a house in Eynsham ahead of instructing solicitors. I have been informed that there is a flying freehold element to the house. Our surveyor has said that some mortgage companies tend not issue a mortgage on such a property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Halifax. Should you wish to telephone us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Eynsham. Conveyancing may be slightly more expensive based on your lender's requirements.
What makes a Eynsham lease problematic?
There is nothing unique about leasehold conveyancing in Eynsham. All leases are unique and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:
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Service charge per centages that don't add up correctly leaving a shortfall
You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Chelsea Building Society, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to pull out.
Eynsham Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing
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What is the length of the lease? It is important to be aware whether redecorating or some other major work is due in the foreseeable future to be shared between the leaseholders and may well dramatically impact the level of the maintenance charges or necessitate a specific payment. Does the lease include onerous restrictions?