My grandmother passed away 10 months ago and as sole heir and executor I was left the property in Feltham. The house had a relatively small loan left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Skipton, pay off the mortgage. Is this allowed?
If you intend to re-mortgage then Skipton will require that you use a conveyancer on the Skipton conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Skipton conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Skipton mortgage is registered as a charge at the Land Registry.
I happen to be the only recipient of my late mum's estate with all property in now in my sole name, including the my former home in Feltham. The Feltham property was put into my name in June. I want to move. I understand that there is a Mortgage Lenders six month 'rule', which means that my property ownership could be regarded the same way as though I had purchased the house in June. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be impacted by that. Most banks would take a pragmatic view as this obligation primarily exists to pick up on subsales or the quick reselling of property.
We have a mortgage agreed in principle with Bank of Ireland. Feltham conveyancing practitioners were appointed. How long does it take for Bank of Ireland to send the offer to the property lawyer?
There is no definitive answer here. Have Bank of Ireland done the survey? Have you informed Bank of Ireland as to your lawyers' details and checked that your lawyers are on the Bank of Ireland conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
After shopping around on the internet I have found a Feltham lawyer having made sure that they are on the UBS conveyancing panel. Does my lawyer arrange the survey of the property?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS 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. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Feltham postcode. As you are getting a mortgage with UBS, you could contact them to see if they have a list of approved surveyors in Feltham.
My partner and I are planning on selling our house in Feltham and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. A high street Feltham conveyancer would know this is not the case. For the life of me I don't know why the buyers are using an internet conveyancing outfit as opposed to a conveyancing solicitor in Feltham. We have lived in Feltham for many years we know that this is a non issue. Is it a good idea to contact our local Authority to obtain confirmation need.
It sounds as though you may have a conveyancing lawyer currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Are there restrictive covenants that are commonly picked up during conveyancing in Feltham?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Feltham. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Feltham differ for newly converted properties?
Most buyers of new build property in Feltham approach us having been asked by the seller to sign contracts and commit to the purchase even before the residence is built. This is because house builders in Feltham tend to purchase the site, 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 conveyancers 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 Feltham or who has acted in the same development.
How can the Landlord & Tenant Act 1954 affect my business offices in Feltham and how can your lawyers assist?
The particular law that you refer to gives protection to business leaseholders, granting the legal entitlement to apply to court for a renewal lease and remain in occupation at the end of an expired lease. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Feltham is one of our hundreds of areas of the UK in which our lawyers have offices